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(영문) 수원지방법원 2019.03.20 2018구단4704
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. On October 22, 2002, the Plaintiff obtained Class 2 ordinary driving license, and on October 1, 2006, Class 1 ordinary driving license. On July 26, 2009, the Plaintiff was subject to the suspension of the driver’s license by driving under the influence of alcohol level 0.06%. On February 21, 2010, the Plaintiff was subject to the revocation of the driver’s license by driving under the influence of alcohol level 0.085%.

B. On April 4, 2011, the Plaintiff: (a) obtained a Class 1 ordinary driver’s license (B); (b) obtained a Class 2 driver’s license on November 3, 2015; and (c) on August 31, 2018, the Plaintiff was under the influence of 0.052% (the result of blood collection appraisal) of blood alcohol level from the vicinity of the Han River Station in the Han River Station in Ansan-si, Ansan-si; and (d) was under the influence of alcohol level from August 31, 2018 to the front of the same Gu C, the Plaintiff was under the influence of driving approximately 300 meters (hereinafter “driving of this case”).

C. On September 28, 2018, the Defendant rendered a disposition to revoke the driver’s license as stated in the preceding paragraph (hereinafter “instant disposition”) by applying Article 93(1)2 of the Road Traffic Act to the Plaintiff on the ground of the instant drunk driving, which falls under the third time set forth in the preceding paragraph.

On November 13, 2018, the plaintiff filed an administrative appeal with the Central Administrative Appeals Commission.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3, Eul evidence 1 to 14, 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 drinking driving of this case; the plaintiff's blood alcohol concentration level is minor at the time of driving under the influence of alcohol of this case; the plaintiff cannot use public transportation since it begins from around 06:0 to 07:00 as a guide dog per day construction, and it is necessary to use a car in a siren company at the weekend; due to the characteristics of the occupation, the driver's license is essential due to the characteristics of the occupation; and the plaintiff's drinking driving of this case is an investigative agency.

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