(영문) 수원지방법원 2020.11.13 2020구단3490

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원 2020.11.13 2020구단3490

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. The Plaintiff driven a motor vehicle under the influence of alcohol level of 0.053% on October 8, 2006.

B. On June 5, 2020, at around 01:23, the Plaintiff, while under the influence of alcohol 0.063%, driven a BMW X4M40d car, and 800 meters from the parking lot of the original city of Busan City to the roads front of the D hotel in Busan City.

C. On June 16, 2020, the Defendant issued a disposition revoking Class 1 ordinary and Class 2 ordinary drivers' licenses against the Plaintiff on the ground that the Plaintiff was driving again under the influence of drinking alcohol (hereinafter “instant disposition”). D.

The Plaintiff appealed against the instant disposition and filed an administrative appeal, but the Central Administrative Appeals Commission dismissed the Plaintiff’s request for administrative appeal on July 21, 2020.

[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. In light of the purport of the Plaintiff’s assertion that no personal or material injury has occurred due to the Plaintiff’s drunk driving, and the distance of driving is relatively short, the Plaintiff’s self-employed person is expected not to drive under the influence of alcohol again, and the Plaintiff is expected not to drive under the influence of alcohol again. The Plaintiff’s revocation of a driver’s license due to the need for mobility of the situation in which the Plaintiff supplied and operated the married person without his/her employee and operated his/her own business without his/her employee, it is impossible to perform his/her duties, and the Plaintiff is obliged to support his/her spouse and two children and to repay his/her liability, and thus, the instant disposition should be revoked.

B. The proviso of Article 93(1) of the Road Traffic Act and Article 93(1)2 of the same Act stipulate that the driver of a motor vehicle who drives a motor vehicle under the influence of alcohol shall revoke the driver’s license in a case where the person who drives the motor vehicle

As seen earlier, the Plaintiff had already been.

참조조문

-도로교통법 제93조 제1항

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