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(영문) 의정부지방법원 2020.01.13 2019구단307
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. The Plaintiff is a self-employed person. On August 23, 1996, the Plaintiff acquired a driver’s license (class 2 common) and acquired a driver’s license (class 1 common) on October 30, 2006.

B. On June 28, 2019, at around 21:59, the Plaintiff driven a motor vehicle of approximately 150 meters from the front day of the “C” road located in the Pakistan-si B while under the influence of alcohol by 0.131%, to the front day of the Dtel in Pakistan-si, Pakistan-si (hereinafter “instant drinking driving”).

C. On July 18, 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 July 31, 2019, but was dismissed on October 1.

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

2. Whether the instant disposition is lawful

A. In light of the overall circumstances such as the fact that the Plaintiff’s assertion relatively short of the mobile distance and the acquisition of a driver’s license for about 24 years, the fact that the Plaintiff driven the model for about 24 years, the use of the ordinary driving by proxy, and the active cooperation with the police investigation, and the need for an occupational driver’s license absolutely and family support and economic difficulties, the instant disposition is beyond the scope of 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 student licenses; hereafter the same shall apply in this Article) falls under any of the following subparagraphs, the commissioner of a district police agency shall comply with the standards prescribed by Ordinance of the Ministry of Public Administration and Security:

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