(영문) 수원지방법원 2019.05.22 2019구단914

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Reasons

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(영문) 수원지방법원 2019.05.22 2019구단914

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A. The Plaintiff acquired a Class I ordinary driver's license on August 24, 1987, but was revoked on May 30, 1995 due to a full-time driving (0.22% of blood alcohol concentration). On September 1, 2002, a person without a license or a drunk driving (0.086% of blood alcohol concentration) was driving on April 1, 2003. On October 6, 2005, the Plaintiff acquired a Class I ordinary driver's license on December 8, 2005, and was revoked on August 20, 2008.

B. On November 25, 2018, around 08:57, the Plaintiff, while under the influence of alcohol of about 0.13% in blood alcohol level from D located in Sungsung-si, to Seo-si, Seodae-si, the 327-ro, the ebbban-car was driven at approximately 10km in alcohol level (hereinafter “instant drinking driving”).

C. On December 15, 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 subsection (hereinafter “instant disposition”). D.

The plaintiff appealed against this and filed an administrative appeal with the Central Administrative Appeals Commission, but dismissed on February 12, 2019.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, Eul evidence 1 to 12, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff alleged that he used a usual driving, and tried to use a substitute driving immediately before the driving of the instant drinking, and the plaintiff did not cause a traffic accident through the pertinent drinking driving, and the possibility and risk of criticism for the driving of the instant drinking, and the plaintiff is in charge of transporting equipment for on-site answers and management, and repair as a manager of heavy equipment, and the plaintiff must prepare for marriage because he/she is married. Therefore, the driver's license is essential.

참조조문

-도로교통법 제93조 제1항 제1호

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