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(영문) 수원지방법원 2019.09.25 2019구단2590
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. The Plaintiff acquired a Class 1 ordinary driver’s license on October 19, 2001, but was subject to a disposition of suspension of driver’s license on November 6, 2004 (0.081% of blood alcohol level) for a drunk driving (0.081% of blood alcohol level). On November 19, 2004, the Plaintiff was exposed to an act of driving during the period of administrative disposition of driver’s license, and thus, was revoked.

B. On August 15, 2005, the Plaintiff obtained a Class 1 ordinary driver’s license (B) on October 4, 2005, again, on October 4, 2005. On February 26, 2019, the Plaintiff, while under the influence of alcohol 0.179% ( blood collection appraisal) from the front day of the insular city to the front day of the insular city from the roads of the insular city at 01:10 on February 26, 2019, driven approximately 3.2km (hereinafter “insular driving in this case”), driving approximately 3.2km of the EM6 vehicle at the same direction as that of the insular city in the direction of the same direction as that of the insular city in the direction of the insular city in the direction of the same four-lane.

C. On April 5, 2019, the Defendant rendered a disposition to revoke the driver’s license stated in the preceding paragraph (hereinafter “instant disposition”) to the Plaintiff by applying Article 93(1)1 of the Road Traffic Act due to the instant drunk driving (hereinafter “instant disposition”).

The plaintiff appealed against this and filed an administrative appeal with the Central Administrative Appeals Commission, but was dismissed on June 27, 2019.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 5, Eul evidence 1 to 16, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion is relatively short of 2 km driving distance, and the Plaintiff used a usual driving as an agent, and the Plaintiff tried to use a substitute driving immediately before driving the instant drinking, and the Plaintiff contributed to the development of Korea’s functions and the enhancement of national prestige through G Games.

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