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(영문) 서울행정법원 2014.04.18 2014구단3931
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 28, 2013, at around 0.106: (a) around 23:45, the Plaintiff driven a knife vehicle with blood alcohol content of 0.106% from the internal cycle road of Dongdaemun-gu Seoul, Dongdaemun-gu, 1181, and the Plaintiff shocked the knife of the Plaintiff’s vehicle after the knife of the knife of the knife in front of the knife while driving the knife of the knife in front of the knife. The Plaintiff sustained the injury of the knife of the knife and the knife of the knife while driving the knife at the front of the knife with the knife of the knife and the knife of the knife in front of the knife.

B. On July 31, 2013, the Defendant rendered a disposition to revoke the Plaintiff’s first-class large and first-class ordinary vehicles (license number: F) pursuant to Article 93(1)1 of the Road Traffic Act on the ground that the Plaintiff injured the Plaintiff by driving under the influence of alcohol (hereinafter “instant disposition”).

C. The Plaintiff appealed and filed an administrative appeal with the Central Administrative Appeals Commission, but was dismissed on January 7, 2014.

On the other hand, the plaintiff is driving a motor vehicle under the influence of alcohol on May 2, 2010.

The traffic accident has been subject to the disposition of driver's license suspension.

【Ground of recognition】 The fact that there is no dispute, Gap 1 through 4, Eul 1 through 14 (including paper numbers), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion (i) around 23:20 on June 28, 2013, the Plaintiff was involved in the instant accident at around 23:45 on the same day after drinking alcohol, and at around 00:42 on the following day, the blood alcohol content was 0.106% on the blood alcohol level. The Plaintiff’s blood alcohol content was likely to have continuously increased during that period.

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