(영문) 의정부지방법원 2015.05.18 2014구단1602

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Text

Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 의정부지방법원 2015.05.18 2014구단1602

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 18, 2014, the Defendant issued a disposition revoking the Plaintiff’s driver’s license (hereinafter “instant disposition”) on the ground that “the Plaintiff, at intervals of about 10 minutes, requested a measurement of drinking alcohol three times at intervals of about 10 minutes, on the ground that there exist reasonable grounds to recognize that the Plaintiff had driven the B low-priced vehicle from 20-93, 182 on the port side of the two sides in the two sides of both sides, the 182-93-ro, the two sides of the 182-ro, the two sides of the two sides, the same page, and that “the Plaintiff failed to comply with the request for a measurement of drinking alcohol at about 10 minutes” (hereinafter “instant disposition”).

B. The Plaintiff appealed and filed an administrative appeal with the Central Administrative Appeals Commission, but was dismissed on August 19, 2014.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 6, 7 and 9 (which include each number; hereinafter the same shall apply), the whole purport of pleading

2. Whether the disposition is lawful;

A. The plaintiff alleged that the plaintiff did not drive a drunk, and there was no reasonable ground to believe that the plaintiff was driving under the influence of alcohol at the time when the police officer's request for a measurement of drinking, and the disposition of this case was made without properly giving a proper prior notice and giving a proper opportunity to present opinions.

B. (1) According to the statement in Eul evidence Nos. 6 through 15 as to the existence of the disposition reason, the controlling police officer received 112 reports to the effect that "the sloping beam of the warehouse was driven by a drinking driver who does not talk too under the influence of alcohol, and she was driven by a shot ambl." After searching the plaintiff and the plaintiff's vehicle, at the time when search was conducted, the plaintiff was faced with a red light on the face, and the plaintiff was making an inaccurate and inaccurate drinking, and even though the drunk was denied, the driver denied the driving, but it was the person who was suffering from shot ambl at the location of detection, and the controlling police officer requested the plaintiff to breath measurement over 30 minutes at the time, but the plaintiff did so only at the place of discovery.

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