logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2018.08.29 2018구단2463
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 October 30, 1993, the Plaintiff obtained a Class 2 driver's license for a motor bicycle on June 10, 1997, and was under the influence of alcohol 0.090% in blood alcohol level on March 23, 1998.

On October 27, 2001, when the driver's license was revoked due to the cause of personal traffic accident, and the driver's license was revoked on July 9, 2002, after being sentenced to criminal punishment by driving without the driver's license under the influence of alcohol 0.183% on October 27, 2001. On July 9, 2002, the driver's license was revoked on August 17, 2002, the first ordinary driver's license was acquired on May 25, 2004, while the driver's license was revoked on May 28, 2004 without taking necessary relief measures.

B. On August 2, 2008, the Plaintiff again acquired a Class 1 driver’s license (B), and around 23:40 on January 6, 2018, the Plaintiff was under the influence of alcohol 0.116% from the day before the D cafeteria located in Suwon-gu, Suwon-si C to the front day of the same Gu E-mail while under the influence of alcohol 0.116%.

B. On January 19, 2018, the Defendant rendered a disposition to revoke the driver’s license stated in the preceding paragraph (hereinafter “instant disposition”) by applying Article 93(1)1 of the Road Traffic Act due to the instant drunk driving (hereinafter “instant disposition”).

C. The Plaintiff appealed and filed an administrative appeal with the Central Administrative Appeals Commission, but was dismissed on May 25, 2018.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, Eul evidence Nos. 1 to 13, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion that the plaintiff did not cause a traffic accident through the drinking driving of this case, and the plaintiff used the ordinary driving as a proxy, and the drinking driving of this case.

arrow