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(영문) 대구지방법원 2015.08.28 2015구단818
자동차운전면허취소처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Details of the disposition

On September 12, 2014, the Plaintiff violated the duty of safe driving and caused a traffic accident that causes personal injury to one of the middle class, thereby being given a given point of 25 points (one point of 10 points and one point of 15 points of the duty of safe driving).

After that, on March 21, 2015, the Plaintiff was under the influence of alcohol 0.064% while driving under the influence of alcohol, and was given 100 points with marks given by the Defendant.

Accordingly, on April 3, 2015, the Defendant issued the instant disposition to revoke the Plaintiff’s automobile (Class 1 ordinary) as of May 2, 2015 pursuant to Article 93(2) of the Road Traffic Act and Article 91(1) [Attachment 28] [Attachment 28] of the Enforcement Rule of the Road Traffic Act on the ground that the Plaintiff’s total sum of 125 points per year (25 points) by the Plaintiff’s total sum of 125 points (100 points).

【In light of the fact that there is no dispute, Gap evidence Nos. 1, Eul evidence Nos. 1, Eul evidence Nos. 1, 2, and 6 (including paper numbers), and the purport of the entire pleading as to the legitimacy of the disposition of this case, the plaintiff asserted that the disposition of this case was lawful, and the circumstances leading the plaintiff's allegation that the plaintiff was given the penalty points on September 12, 2014 were a minor contact. The plaintiff demanded excessive compensation and reported the accident by himself. The plaintiff is in need of driver's license due to frequent relationship with the current electrical safety checkup company. When the driver's license is revoked, it is difficult for the plaintiff to engage in his/her business, which causes many problems to his/her family's livelihood; the driver's license was revoked; the driver's license was revoked; the blood alcohol concentration was not high at the time of drinking driving; and the accident did not occur; and there was no history of traffic offense, the disposition of this case was an abuse of discretion by the plaintiff.

It shall be as shown in the attached Form of the relevant statutes.

Judgment

In other words, the plaintiff's penalty accumulated points are determined in attached Table 28 of the Enforcement Rule of the Road Traffic Act.

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