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(영문) 수원지방법원 2018.10.05 2018구단2524
자동차운전면허취소처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. (i) On March 17, 2018, the Plaintiff driven a B low-speed car with approximately 30 meters in front of the 52-day Seoul Special Metropolitan City, e.g., in front of the road, under the influence of alcohol of 0.121% of the blood alcohol content around 19:35.

At the time, the plaintiff vehicle was shocked on another vehicle that violated the signal signal within the above signal distance.

B. On April 10, 2018, the Defendant revoked the driver’s license (Class I, Class I, Class I, Class II, and Class II) based on Article 93(1)1 of the Road Traffic Act against the Plaintiff.

On April 27, 2018, 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 June 12, 2018.

【Facts without dispute over the grounds for recognition, Gap’s evidence 1, 2, Eul’s evidence 4 through 16, the purport of the whole pleadings

2. (1) The plaintiff asserts that the disposition of this case is legitimate, considering the following as a whole: (i) whether the disposition of this case is legitimate; (ii) whether the plaintiff is a person with his family's life on the day of the case; (iii) whether the person was a substitute driver after drinking alcohol; and (iv) whether the person was able to drive under the influence of alcohol only; (iv) whether the person was able to actively cooperate with the investigation agency; and (v) when the company is driving with the cargo of 7.5 tons at the company and the person's family life, the disposition of this case should be revoked because it abused or abused the discretionary power.

According to Article 93 Paragraph (1) Item 1 of the Luxembourg Road Traffic Act and Article 91 Paragraph (1) attached Table 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 based on the cancellation of the license, but the time when the person drives is an exemplary driver, who is engaged in transportation service for not less than three years at the time of the disposition as an exemplary driver, or has committed a traffic accident and escaped.

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