(영문) 대구지방법원 2017.02.03 2016구단11846

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대구지방법원 2017.02.03 2016구단11846

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 31, 2016, the Defendant issued the instant disposition to revoke the Plaintiff’s driver’s license as of December 1, 2016, on the ground that the Plaintiff driven a vehicle under the influence of alcohol 0.056% on the road located in Ansan-dong on September 24, 201, on the three-time basis, while driving the vehicle under the influence of alcohol 0.056% on May 25, 2007, while driving the vehicle under the influence of alcohol 0.056% on September 15, 201.

B. The Plaintiff filed an administrative appeal against the instant disposition, but the Central Administrative Appeals Commission rendered a decision to dismiss the said request on December 2, 2016.

【Unfounded facts, entry of evidence Nos. 1 and 7, and the purport of the whole pleadings】

2. Determination on the legitimacy of the instant disposition

A. In light of the fact that the Plaintiff’s respective blood alcohol content of the Plaintiff’s assertion is doubtful about the accuracy of the Plaintiff’s blood alcohol content, that part of the drinking power was pardoned, and that the Plaintiff needs to drive in business relationship, the instant disposition is unlawful as it is an abuse of discretion.

B. (1) In full view of the purport of the arguments in the statement Nos. 2, 3, and 4 of Eul, even if the blood alcohol level at the time of measuring the alcohol level falls under the increase of blood alcohol level, in light of the Plaintiff’s amount of drinking alcohol at the time of measuring the alcohol level, the Plaintiff’s blood alcohol level at the time of driving falls under the suspension of driver’s license as provided by Article 91(1) [Attachment Table 28] of the Enforcement Rule of the Road Traffic Act, and according to the proviso of Article 93(1) and Article 93(2) of the Road Traffic Act, the Commissioner of the competent Local Police Agency shall revoke the driver’s license without any discretion if the person who drives a alcohol level twice or more again falls under the cause of suspension of driver’s license.

(2) In the instant case, the Plaintiff.

참조조문

-도로교통법 제93조 제1항

-도로교통법 시행규칙 제91조 제1항

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