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(영문) 수원지방법원 2014.11.28 2014구단3703
자동차운전면허취소처분취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the instant disposition

A. On October 30, 2007, the Plaintiff acquired a Class II ordinary driver’s license (license number: B).

B. On June 2, 2014, while under the influence of alcohol around 11:30, the Plaintiff: (a) driven a motor vehicle from two lanes to one lane on the road in front of the 404 Sinsicheon-ro Gyeongcheon-ro Gyeongcheon-ro 404 Sinsi-ro; and (b) driven a rosp vehicle on the one lane (hereinafter “instant accident”); (c) on June 2, 2014, the Plaintiff measured by the respiratory measuring instrument around 12:07, the blood alcohol concentration was measured at 0.225%; and (d) the blood alcohol concentration was measured at 0.213% as a result of a measurement by the Plaintiff’s blood test at the Plaintiff’s blood test request.

C. On July 14, 2014, the Defendant revoked the Plaintiff’s above driver’s license pursuant to Article 93(1)1 of the Road Traffic Act on the ground of the above drunk driving.

【Ground of recognition】 The fact that there has been no dispute, Gap evidence 1, Eul evidence 1 through 14, the purport of the whole pleadings and arguments

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion 1) The instant accident occurred due to negligence on the part of the other party, and the Plaintiff is merely the victim of the instant accident. 2) The Defendant forcedly breathely conducted breathely and forcedly conducted breathely, despite having gone through lawful procedures or processes in order to breath measurement. As the Plaintiff is dissatisfied with the foregoing, it was erroneous for the Defendant to collect blood by accompanying the hospital to take

3. A driver's license is necessary for the plaintiff, who is a malicious company, who carries out duties by carrying musical instruments and sound equipment on the Round, and carries out such duties. If a driver's license is revoked, it may seriously threaten the livelihood of the plaintiff and his family members. The plaintiff has committed an exemplary driver for 12 years without drinking driving or violating special traffic regulations, and the plaintiff has to be protected for the stabilization of living and promotion of welfare of single-parent families.

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