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(영문) 수원지방법원 2015.06.19 2015구단30726
자동차운전면허취소처분취소
Text

1. On December 17, 2014, the Defendant’s revocation of the driver’s license for a motor vehicle against the Plaintiff on December 17, 2014, is a Class II driver’s license.

Reasons

1. Details of the disposition;

A. On February 3, 2005, the Plaintiff acquired Class A driver’s license for small automobiles (B) on January 5, 2007 and Class B driver’s license for small automobiles.

On November 22, 2014, at around 23:35, the Plaintiff was under the influence of alcohol of 0.106% (the result of blood collection) with blood alcohol concentration of 0.106% (the result of blood collection), and was under the influence of alcohol, the Plaintiff was under the influence of alcohol while driving approximately 2 km from the center of origin in the city of Mapopopopo City to the center of origin in the front of the mountain IC.

B. On December 17, 2014, the Defendant issued the instant disposition to fully revoke the Plaintiff’s license for Class I ordinary and Class II small driving licenses pursuant to Article 93(1)1 of the Road Traffic Act on the ground that the Plaintiff was driving under influence of alcohol as above.

[Ground of recognition] Unsatisfy, Gap evidence 1

2. The plaintiff's assertion

A. The illegality of revocation of a Class 2 driver's license in this case is unlawful as it is not possible to drive a Class 2 driver's license with a Class 2 driver's license.

B. Since the Plaintiff’s assertion related to the increase in blood alcohol concentration was found to have 14 minutes of the atmosphere from the time when he was found to have 14 minutes of the blood alcohol concentration, around 23:49, he collected blood after about 13 minutes of the pulmonary test, and as a result, 0.106% of the 0.106% and the Plaintiff was driving at the so-called so-called so-called rise season. Thus, it cannot be readily concluded that the blood alcohol concentration at around 23:35, when the Plaintiff driven, exceeds 0.1%, which is the criteria for the revocation of the driver’s license.

C. Considering the fact that the Plaintiff is in charge of IT business at present, without a driver’s license, and there is a enormous impediment to his/her business affairs, and that it is most difficult for his/her family members to live, the instant disposition is excessively harsh to the Plaintiff, thereby abusing or abusing his/her discretion.

3. Determination

(a) In principle, persons with respect to Class II driver's licenses for small automobiles are treated as separate from each other even in cases where they acquire multiple kinds of driver's licenses, and revocation thereof: Provided, That the grounds for revocation shall be specified.

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