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(영문) 춘천지방법원 2021.03.30 2020구합648
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 June 5, 2020, the Plaintiff, while under the influence of alcohol level of 0.033% from blood around 15:00, operated D-car driving at approximately 3.6 km section from Hongcheon-gun to the National Highway No. 3.44 (hereinafter “instant drinking”). (b) On June 30, 2020, the Defendant issued a disposition revoking the Plaintiff’s driver’s license (Class 1 ordinary) pursuant to Article 93(1)2 of the former Road Traffic Act (amended by Act No. 17371, Jun. 9, 2020) on the ground of “driving at least twice” (hereinafter “instant disposition”).

On August 5, 2020, the Plaintiff filed an administrative appeal against the instant disposition. However, the Central Administrative Appeals Commission rendered a ruling dismissing the Plaintiff’s claim on September 15, 2020.

(d)

The Plaintiff had a record of driving under the influence of alcohol on December 15, 2009 before driving of the instant drinking.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2, Eul evidence Nos. 1 through 5, 8 through 10 (including various numbers), the purport of the whole pleadings and arguments

2. Whether the instant disposition is lawful

A. When considering the fact that the plaintiff's assertion requires a driver's license to maintain his livelihood, and the fact that the plaintiff is the most important within one house, the disposition of this case is excessively unreasonable and it is in violation of the law that deviates from and abused the discretion.

B. It is as stated in the attached Form of the relevant Act and subordinate statutes.

(c)

Judgment

According to the proviso of Article 93(1) of the former Road Traffic Act and Article 93(1)2 of the same Act, where a person who has been engaged in driving a motor vehicle in violation of Article 44(1) of the Road Traffic Act, once he/she drives a motor vehicle again and thereby constitutes a ground for the suspension of a driver's license, the head of the competent National Police Agency shall cancel the driver's license. As seen above, as long as the Plaintiff had the power of driving a motor vehicle prior to driving a motor vehicle under the influence of alcohol, the instant disposition is an act in

I would like to say.

Therefore, the defendant's driver's license.

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