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(영문) 수원지방법원 2018.07.06 2018구단7093
자동차운전면허취소처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. (i) On January 25, 2017, the Plaintiff was subject to the disposition of driver’s license suspension when driving approximately 1m in front of the right line C at the time of Suwon-si, the Plaintiff was under the influence of alcohol content 0.058% of the blood alcohol content on January 25, 2017, and was subject to the disposition of driver’s license suspension. In relation to this, the Plaintiff was given 110 points of penalty points (100 points of sound driving and 10 points of violation of the duty of safe driving).

BAround 08:13 on December 21, 2017, 2017, the Plaintiff was exposed to the violation of signal or instructions and was given a mark of 15 points.

Secondly, on January 17, 2018, the Defendant issued the “instant disposition” that revokes the driver’s license (class 1 large, class 1 common) based on Article 93(2) of the Road Traffic Act on the ground that the Defendant’s total sum of penalty points for one year exceeds 121 points, which is the criteria for cancellation of license (class 1 large, class 1 medium, class 1 medium).

Applicant filed an administrative appeal with the Central Administrative Appeals Commission on March 22, 2018, against the instant disposition. However, the Central Administrative Appeals Commission dismissed the said administrative appeal on April 17, 2018.

【Fact-finding, Gap’s evidence, Eul’s evidence Nos. 7, 8, Eul’s evidence Nos. 1 through 11, the gist of the whole pleadings

2. (i) The Plaintiff asserts that the instant disposition is unlawful since it abused discretion, considering the following as a whole: (i) whether the instant disposition is legitimate; (ii) the Plaintiff is running bus driving in D Co., Ltd.; and (iii) the fact that the driver’s license is necessary for the performance of duties

According to Articles 93(1)1, 19, and 93(2) of the Complemented Road Traffic Act, and Article 91(1)28 of the Enforcement Rule of the same Act, the driver’s license shall be revoked in principle in cases where the driver’s license is at least 121 points, and where the driver’s license is at least 121 points for driving (the blood alcohol concentration is at least 0.05% but less than 0.1%).

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