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(영문) 춘천지방법원 2019.06.11 2019구합147
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 9, 2018, the Plaintiff driven a horse with the horses from the front road of Chuncheon City to the front road of Chuncheon City immediately after drinking alcohol.

B. Police officers belonging to the Jungcheon Police Station, which requested the Plaintiff to respond to the measurement of alcohol on four occasions on the grounds that there are reasonable grounds to recognize that the Plaintiff was driven while under the influence of alcohol, such as smelling, grhing, and rhythm, etc., but the Plaintiff did not comply therewith.

(hereinafter “instant refusal of drinking alcohol measurement”). C.

On November 1, 2018, the Defendant issued a disposition to revoke the Plaintiff’s driver’s license (class 1 large, class 1 ordinary, and class 2 motorcycles) pursuant to Article 93(1)3 of the Road Traffic Act on the ground of the Plaintiff’s refusal to measure alcohol in this case.

(hereinafter “instant disposition”) D.

The Plaintiff dissatisfied with the instant disposition and filed an administrative appeal on November 13, 2018, but the Central Administrative Appeals Commission dismissed the said claim on January 8, 2019.

【Ground of recognition】 The fact that there has been no dispute, Gap Nos. 1, 2, Eul Nos. 1 and 5, the purport of the whole pleadings

2. The assertion and judgment

A. In light of the following: (a) the Plaintiff’s assertion reflects the Plaintiff’s mistake in depth and actively cooperate in investigation; (b) the Plaintiff did not cause damage to traffic accidents, etc. due to the Plaintiff’s drunk driving; (c) the Plaintiff is in office as a fire-fighting official; (d) the Plaintiff’s driver’s license is essential; and (e) the Plaintiff supports various family members, such as the father with a disability 1; and (e) the cancellation of the driver’s license is difficult if it becomes impossible to work due to the cancellation of the driver’s license,

(b)as shown in the attached Form of the relevant regulations;

C. According to Articles 93(1)3 and 44(2) of the Road Traffic Act, there are reasonable grounds to recognize that a person is under the influence of alcohol.

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