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(영문) 울산지방법원 2015.07.16 2015구합381
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 March 3, 2014, the Plaintiff driven a BFH6x2 Tracers (hereinafter “instant Tracers”) and 25 tons Tracers connected thereto (hereinafter “instant Tracers”), with the given point of 15 points for traffic accidents in violation of the method of career change on March 3, 2014, and (2) around 01:10 on October 24, 2014, while under the influence of alcohol at approximately 0.074%, the Plaintiff was driven at approximately 10 km from the side (hereinafter “traffic accidents in this case”) while driving an accident where approximately 10 km from the side-way (hereinafter “the instant Tracers”). As a result, the Plaintiff was given a point of 110 km points, and was given a point of 125 km points for one year.

B. At the time of detection of the above drunk driving, the Plaintiff was holding a Class 1 special (Traler), Class 1 large, and Class 1 ordinary driving license.

C. On December 1, 2014, the Defendant issued a disposition to revoke all the drivers’ licenses held by the Plaintiff as of December 14, 2014, by applying Article 93(2) of the Road Traffic Act, on the ground that the Plaintiff’s total accumulated points per year are at least 125 points and at least 121 points, which are the criteria for revocation of accumulated points per year.

(hereinafter “instant disposition”) D.

On December 16, 2014, the Plaintiff filed an administrative appeal with the Central Administrative Appeals Commission on the instant disposition, but received a dismissal ruling on February 3, 2015.

[Ground of recognition] Facts without dispute, Gap evidence 1, 4, Eul evidence 9 to 12, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. In light of the Plaintiff’s assertion that the Plaintiff took the surface of the water after drinking without a large amount of drinking alcohol at the time of the instant traffic accident, which was a new wall at the time, and thus difficult to drive due to the road expansion work, and that there was no personal injury due to the instant traffic accident, and that the Plaintiff is the only means of living and is difficult economic circumstances, the instant disposition is excessively harsh to the Plaintiff and discretion.

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