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(영문) 수원지방법원 2018.11.21 2018구단3886
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 disposition;

A. On March 21, 2003, the Plaintiff obtained a Class 1 ordinary driver’s license, and on April 7, 2005, the Plaintiff was subject to a special reduction or exemption on August 15, 2005 as to the penalty points, etc. given to a person who violated the Road Traffic Act on August 15, 2005, and again acquired a Class 1 ordinary driver’s license (B) on October 17, 2005.

B. On June 13, 2018, at around 01:18, the Plaintiff caused a traffic accident that shoots other vehicles while under the influence of alcohol of about 0.124% of blood alcohol level from the street in front of the influent restaurant in Ansan-si, the members of Ansan-si to the street in front of the city of Sinsan-si to the street of 2127-11, the city of Sinsan-si.

C. On July 12, 2018, the Defendant applied Article 93(1)1 of the Road Traffic Act to the Plaintiff on the ground of the instant drunk driving.

A disposition to revoke the driver's license stated in the port (hereinafter referred to as "instant disposition") was made.

C. The Plaintiff appealed and filed an administrative appeal with the Central Administrative Appeals Commission, but was dismissed on August 11, 2018.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 5, Eul evidence 1 to 13, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion that the plaintiff did not cause a traffic accident through the drinking driving of this case; the plaintiff used the ordinary driving, and the plaintiff tried to use the substitute driving immediately before the driving of this case; the plaintiff's blood alcohol concentration at the time of the drinking driving of this case is minor; the possibility and risk of criticism about the driving of this case is considerably low; the plaintiff has worked in the development team of the motor vehicle parts manufacturer of the motor vehicle parts that moved to Asan City, and has been working in the development team of the motor vehicle parts that moved to Isan City, so the plaintiff should commute to the company for long distance from his residence to the company; and two to four times a week.

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