(영문) 수원지방법원 2017.10.20 2017구단1463

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(영문) 수원지방법원 2017.10.20 2017구단1463

자동차운전면허취소처분취소

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1. The plaintiff's claim is dismissed.

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

Reasons

1. (i) On May 19, 2017, while under the influence of alcohol at 0.142% of alcohol content, the Plaintiff driven a 1k-distance car owned by himself/herself on the roads front of the Agricultural Cooperative located in the sphere of Suwon-si, Suwon-si, Suwon-si, the 1730 km-ro, and was exposed to a police officer under the influence of alcohol.

B. On May 31, 2017, the Defendant rendered the instant disposition to the Plaintiff on the grounds of Article 93(1)1 of the Road Traffic Act, which revoked the driver’s license (Class I common).

On June 13, 2017, the Plaintiff appealed against the instant disposition and filed an administrative appeal with the Central Administrative Appeals Commission, but the Central Administrative Appeals Commission dismissed the said request on July 11, 2017.

【Unsatisfied Facts, Gap’s evidence 1-2, Gap’s evidence 4, 6, Eul’s evidence 4 through 12, the purport of the whole pleadings

2. In full view of the following: (i) the instant disposition is lawful; (ii) the Plaintiff is a simple drinking driver without personal or material injury; (iii) the Exemplary driver with no history of traffic accident or drinking driving for 17 years; (iv) the date of the instant disposition was used as an agent; (v) the Plaintiff was driven without using an acting as an agent on a single-net basis; (v) actively cooperates in the investigation process; (v) the Plaintiff’s work as an employee of a waste disposal business; (v) the need for a driver’s license for the cultivation of family members; and (v) the Plaintiff is practicing a life sharing by seeking to donate blood donation activities and proteto cell under economic difficulties; and (v) the instant disposition is deemed to be unlawful

According to Article 93(1)1 of the Luxembourg Road Traffic Act and Article 91(1)28 of the Enforcement Rule of the same Act, the time when a person drives in a drunken state (not less than 0.1% of blood alcohol concentration) shall be determined on the basis of the cancellation of the license, but the time when the person drives is determined on the basis of the cancellation of the license shall be an important means to maintain his family's livelihood, or shall be at least three

참조조문

-도로교통법 제93조 제1항 제1호

-도로교통법 시행규칙 제91조 제1항

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