(영문) 인천지방법원 2017.04.04 2016구단1162

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 인천지방법원 2017.04.04 2016구단1162

운전면허취소처분취소

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 May 31, 1991, the Plaintiff acquired a Class 2 motorcycle driver’s license and a Class 2 ordinary driver’s license on August 14, 1997. On June 3, 2016, the Plaintiff driven a vehicle while under the influence of alcohol by 0.119% on the front of the long-term slope distance in the city of Kimpo-si, Kimpo-si, and controlled it to the police.

B. On August 12, 2016, the Defendant rendered the instant disposition revoking all of the above driver’s license against the Plaintiff with respect to driving under influence as stated in the preceding paragraph.

C. On September 27, 2016, the Plaintiff filed an administrative appeal against the Plaintiff, but was dismissed.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 to 11 (including branch numbers in the case of additional number), the purport of the whole pleadings

2. The legality of the instant disposition

A. The Plaintiff’s assertion 1) The Plaintiff cannot guarantee the accuracy of the measurement results in consideration of the error of the respiratory tester, and the Plaintiff responded to the measurement without any response, such as whether the remainder of the Plaintiff’s blood alcohol content at the time of the drinking control is in line with his/her direction, or he/she is in line with the measurement after a certain period of time. It is difficult to conclude that the Plaintiff’s revocation of the driver’s license did not exceed 0.1% of the blood alcohol content in excess of 0.019% on the sole basis of the result of the cancellation of the driver’s license. Therefore, the instant disposition is unlawful without any grounds for the disposition. 2) The Plaintiff, as the representative of the small-scale business that engages in the business of selling medical devices such as the Plaintiff, etc., with one female employee, and thus, the Plaintiff’s driver’s license is essential. The Plaintiff’s license is a figure that can reduce the Plaintiff’s blood alcohol content due to the instant disposition; the Plaintiff’s blood alcohol content falls under the number of 20 years after the Plaintiff’s license acquisition of discretion.

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