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(영문) 수원지방법원 2019.06.12 2019구단1368
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 July 12, 2011, the Plaintiff acquired a Class II ordinary driver’s license (B) and caused a traffic accident that causes physical damage while driving under the influence of alcohol on March 16, 2018, and accordingly, the Plaintiff was subject to the imposition of a total of 110 points, including the given points of 100 points and the given points of 10 points for the cause of the accident, and the given points of 100 points are reduced due to the application of the good driving mileage, and the given points of 100 points for one year after the reduction of the given points. On December 13, 2018, the Plaintiff controlled the violation of the traffic classification at around 20:28 on December 13, 2018, with the given points of 30 points, and the given points of 121 points calculated in total as 130 points.

B. On February 2, 2019, the Defendant issued a disposition to revoke the license for driving motor vehicles as stated in the preceding paragraph (hereinafter “instant disposition”) by applying Article 93(2) of the Road Traffic Act, on the ground that the Plaintiff exceeds the given points.

C. The Plaintiff appealed and filed an administrative appeal with the Central Administrative Appeals Commission, but was dismissed on April 2, 2019.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 5, 8, Eul evidence Nos. 1 through 11, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion is always used after the discovery of the initial drunk driving, and the Plaintiff served as a voluntary guard, and received excellent employees, and the Plaintiff already completed various education due to drinking driving and received a disposition of driver’s license suspension for 50 days. The Plaintiff does not have a traffic accident within 5 years, which is a ground for the exclusion of mitigation under the Enforcement Rule of the Road Traffic Act, or at least 3 times, and the Plaintiff must support his parents; the Plaintiff must support his parent; the Plaintiff’s driver’s license is essential to get his/her driver’s license from his/her company manufacturing the automobile hub disc to his/her company from his/her Sungnam city to his/her mother city as a member of the business management team; the Plaintiff’s driver’s license is to get off 42 km a day from his/her Sungnam city to his/her mother city as of September 19, 2014.

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