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(영문) 수원지방법원 2018.11.07 2018구단3572
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 obtained a Class-I ordinary license on October 1, 2005, but was subject to the revocation of the driver’s license by driving a motor vehicle under the influence of alcohol level 0.145% on May 19, 2014, and again obtained a Class-I driver’s license (B) on August 19, 2015, and was subject to the suspension of the driver’s license by driving a motor vehicle under the influence of alcohol level 0.06% on February 16, 2018. The Plaintiff was subject to the suspension of the driver’s license by driving the motor vehicle under the influence of alcohol level 0.10 points due to the foregoing under the influence of alcohol level 50 days (from April 1, 2018 to May 20, 2018).

B. On May 18, 2018, the suspension period of the above driver’s license, around 22:35, the Plaintiff: (a) controlled the amount of three km car driving around the Handong-dong (hereinafter “instant driving”) of approximately 3 km in front of the same Gu’s Do-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-

C. On June 21, 2018, the Defendant rendered a disposition to the Plaintiff to revoke the Plaintiff’s driver’s license by applying Article 93(1)19 of the Road Traffic Act on the ground of driving during the suspension period of driver’s license as stated in the preceding paragraph (hereinafter “instant disposition”).

The plaintiff appealed against this and filed an administrative appeal with the Central Administrative Appeals Commission, but was dismissed on August 14, 2018.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3, Eul evidence 1 to 10, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion did not cause a traffic accident through the instant driving, and the Plaintiff’s driver’s license for the Plaintiff is granted to the Plaintiff, under the circumstances where the Plaintiff moved the vehicle to the house of the fee, because there are many children of the fee to be in charge of the instant car pool to work at the company on Saturdays, which is the day following the instant driving day.

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