(영문) 의정부지방법원 2019.11.25 2019구단31

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Text

Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 의정부지방법원 2019.11.25 2019구단31

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 company member, and on August 26, 200, the plaintiff acquired a driver's license (class 1 common).

B. On April 30, 2019, at around 00:34, the Plaintiff driven a D-low-powered car at a distance of about 300 meters from the front of the building B in the case of Pakistan to the front of C in the case of Pakistan, while under the influence of alcohol by 0.152%. (hereinafter “instant drinking driving”).

C. On May 16, 2019, the Defendant revoked the Plaintiff’s driver’s license on the ground of the instant drinking driving.

(hereinafter “instant disposition”) D.

The Plaintiff dissatisfied with the instant disposition and filed an administrative appeal with the Central Administrative Appeals Commission on May 30, 2019, but filed an administrative appeal with the Central Administrative Appeals Commission.

7. The dismissal was 16.

[Identification Evidence: Evidence No. 1 to 4, Evidence No. 1 to 10]

2. Whether the instant disposition is lawful

A. In light of the following circumstances: (a) the Plaintiff’s alleged mobile distance is short; (b) there is no personal or material injury caused by the instant drunk driving; (c) driving without a long-term accident after obtaining a driver’s license; (d) actively cooperated in police investigation; and (e) the driver’s license is absolutely necessary for occupational duties; and (e) family support and economic difficulties; and (e) the instant disposition was an abuse of discretionary authority.

(b) Article 44 of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018) (1) No person under the influence of alcohol shall drive a motor vehicle, etc. (including construction machinery other than construction machinery under 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;

Article 93 (Revocation and Suspension of Driver's License) (1) When a person who has obtained a driver's license (excluding student licenses; hereafter the same shall apply in this Article) falls under any of the following subparagraphs, the commissioner of a district police agency shall

참조조문

-건설기계관리법 제26조 제1항

-도로교통법 제44조

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