(영문) 의정부지방법원 2020.03.23 2020구단143

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 의정부지방법원 2020.03.23 2020구단143

자동차운전면허취소처분취소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of disposition;

A. On August 11, 1992, the Plaintiff acquired a driver’s license (Class 2 ordinary) on July 14, 1998, and acquired a driver’s license (Class 1 ordinary) on July 14, 1998. On November 10, 201, the Plaintiff was discovered while driving under the influence of alcohol level 0.072%, and is a company member.

B. On September 20, 2019, the Plaintiff, while under the influence of alcohol at around 23:35, driven a vehicle with approximately 5m distance on the front of the Ki Government-si B at about 0.096% of alcohol level (hereinafter “instant drinking driving”).

C. On October 10, 2019, the Defendant revoked the Plaintiff’s driver’s license on the ground of the instant drunk driving.

(hereinafter “instant disposition”) D.

The Plaintiff dissatisfied with the instant disposition and filed an administrative appeal with the Central Administrative Appeals Commission on October 28, 2019, but was dismissed on December 3, 2019.

[Identification Evidence: Evidence No. 1, 2, 3, Evidence No. 1 to 11]

2. Whether the instant disposition is lawful

A. In light of the fact that the Plaintiff’s assertion is relatively short of the distance of movement, and that the driver’s license is absolutely necessary and considering all circumstances such as the need for family support, the instant disposition exceeded the scope of discretion or abused discretion.

(b) No one shall drive a motor vehicle, etc. (including construction machinery other than construction machinery provided for in the proviso to Article 26 (1) of the Construction Machinery Management Act; hereafter the same shall apply in this Article and Articles 45, 47, 93 (1) 1 through 4, and 148-2), tram, or bicycle while under the influence of alcohol;

(1) When a person who has obtained a driver's license (excluding any student license; hereafter the same shall apply in this Article) falls under any of the following subparagraphs, the commissioner of a district police agency shall grant a driver's license (including any driver's license within the scope; hereafter the same shall apply in this Article) according to the standards prescribed by Ordinance of the Ministry of Public Administration

참조조문

-건설기계관리법 제26조 제1항

-도로교통법 제44조

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