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(영문) 서울행정법원 2020.06.17 2020구단7309
자동차운전면허취소처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Details of the disposition

On December 6, 2019, at around 09:00, the Plaintiff, while driving a car by re-checking C on the front side of the Sound Group B of Chungcheongnam-gu, Chungcheongnam-do, Chungcheongnam-do, 2019, was shocked by the front part of the drive vehicle, which was towed to Eti Cargo due to the breakdown in the front section, with the front part of the car.

The vehicle's load with the shocked vehicle conflict with the cargo vehicle of the passenger which was driven at the time, depending on the unfolding of the vehicle while being towed, and the vehicle's load exceeds the one-lane.

(hereinafter “instant traffic accident.” Police officers belonging to the Nansung District of the Audal Police Station, which called the instant traffic accident, requested the Plaintiff to take a breath test as they were snicked from the Plaintiff’s entrance, snicked, snicked, snicked, and breathed from drinking during drinking.

The plaintiff did not comply with the request for a so-called "breath alcohol test" on the same day by means of demanding water or being taken a toilet, etc. In addition, the plaintiff did not comply with the request for a so-called "breath alcohol test" in total of 09:27, 09:33, 09:38, 09:43, 10:05, and 10:05, and did not comply with it by means of

(2) On January 16, 2020, the Defendant issued a disposition to revoke the Plaintiff’s driver’s license (Class II ordinary) on the ground of the Plaintiff’s refusal to measure alcohol in the instant case.

(hereinafter “instant disposition”). The Plaintiff dissatisfied with the instant disposition and filed an administrative appeal with the Central Administrative Appeals Commission on February 4, 2020, but was dismissed on March 31, 2020.

[Ground of recognition] A without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 through 8, and the purport of the entire argument as to legitimacy of the disposition of this case as to legitimacy of the disposition of this case, the plaintiff's assertion that the plaintiff respondeds to two times of measurement, but since the shock of the traffic accident of this case cannot perform normal respiratorys due to the shock of the traffic accident of this case, the pulmonary century has not been measured and the police is given more opportunities.

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