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(영문) 의정부지방법원 2019.12.09 2019구단222
자동차운전면허취소처분취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of disposition;

A. The Plaintiff is a professional employee. On May 13, 1988, the Plaintiff acquired a driver's license (class 2 ordinary) and on February 1, 1993, respectively.

B. On July 4, 2019, the Plaintiff, while under the influence of alcohol at around 00:34, driven a knife car at a distance of about 1 km from a road located in Gangnam-gu Seoul to the front road in Gangnam-gu Seoul (hereinafter “instant drinking driving”).

C. On July 19, 2019, the Defendant revoked the Plaintiff’s driver’s license on the ground of the instant drunk driving.

(hereinafter “instant disposition”) D.

The Plaintiff dissatisfied with the instant disposition and filed an administrative appeal with the Central Administrative Appeals Commission on August 13, 2019, but filed an administrative appeal with the Central Administrative Appeals Commission.

9.24. was dismissed.

[Identification Evidence: Evidence No. 1, 2, 3, Evidence No. 1 to 11]

2. Whether the instant disposition is lawful

A. In light of all circumstances, the Plaintiff’s assertion distance is short and there is no personal injury due to the instant drunk driving, the driving without a long-term accident after obtaining the driver’s license, the use of a flat acting driving, and active cooperation in the police investigation, such as the absolute necessity of the driver’s license, the instant disposition is beyond the scope of discretion or abuse of discretion.

(b) No one shall drive a motor vehicle, etc. (including construction machinery other than construction machinery provided for in the proviso to Article 26 (1) of the Construction Machinery Management Act; hereafter the same shall apply in this Article and Articles 45, 47, 93 (1) 1 through 4, and 148-2), tram, or bicycle while under the influence of alcohol;

(4) The standard of the drunken state in which driving is prohibited pursuant to paragraph (1) shall be cases where the blood alcohol concentration of a driver is not less than 0.03 percent.

Article 93 (Revocation and Suspension of Driver's License) (1) The commissioner of a district police agency shall exclude student licenses.

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