(영문) 수원지방법원 2020.11.27 2020구단3780

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(영문) 수원지방법원 2020.11.27 2020구단3780

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 June 6, 2020, the Plaintiff, while under the influence of alcohol at 00:12% of alcohol level, driven B SP car at a 0.188%, and driven 10 meters at the front of the “D” hotel located in the Gu in Ansan-gu C.

B. On June 27, 2020, the Defendant issued a disposition revoking the Class II ordinary driver’s license against the Plaintiff on the ground that the Plaintiff was under the influence of alcohol with a blood alcohol level of at least 0.08%, which is the base value for revocation of the license (hereinafter “instant disposition”).

C. The Plaintiff filed an administrative appeal against the instant disposition, but the Central Administrative Appeals Commission dismissed the Plaintiff’s request for administrative appeal on August 18, 2020.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3, Eul evidence 1 to 15, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The gist of the plaintiff's assertion is that the plaintiff was frightened and went back to the vehicle in which he wanted to take out the drugs located within the art string of AP. The latter part of the vehicle is parked even though it is too even, so that the vehicle was parked so as to move the vehicle to an urgent mind because there is no open space for the vehicle. Since the plaintiff acquired the driver's license, there is no history of traffic accident or driving for about nine years, the plaintiff would not drive under the influence of drinking again, and the plaintiff would not drive under the influence of drinking again. The plaintiff is a member of the company mainly in charge of overseas business, and the plaintiff must always have the same mobility from the airport traffic to the airport, etc. so that it is impossible to perform his duties. When the driver's license is revoked, the plaintiff needs to take into account the symptoms that the plaintiff suffers from rare disease and is moving to the body of the vehicle so that it is difficult to move to the body of the vehicle.

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