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(영문) 수원지방법원 2014.08.20 2014구단1912
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 29, 1985, the Plaintiff acquired the first-class ordinary vehicle driver’s license (license number: B); (2) the first-class large automobile driver’s license (license number as above); (3) the first-class special vehicle driver’s license on May 23, 1987; and (4) June 17, 1987, respectively.

B. On March 16, 2014, while under the influence of alcohol level of 0.125% from blood alcohol level, the Plaintiff driven a taxi by driving the taxi under the influence of alcohol level of 0.125% and driving the taxi on the backway of Overcheon-si D with the backway from the side surface of the backway to the door-side surface, and caused a traffic accident that caused damage equivalent to approximately 4.5 million won by shocking the left-hand side of the victim E-owned vehicle parked on the left-hand side of the proceeding direction.

C. On April 10, 2014, the Defendant rendered a disposition to revoke all of the Plaintiff’s respective drivers’ licenses (hereinafter “instant disposition”) on May 1, 2014 pursuant to Article 93(1)1 of the Road Traffic Act against the Plaintiff.

On April 11, 2014, the Plaintiff filed an administrative appeal with the Central Administrative Appeals Commission on the instant disposition, but was ruled dismissed on May 20, 2014.

[Reasons for Recognition] Facts that there is no dispute between the parties, Gap evidence 1, Eul evidence 1, Eul evidence 8, 9, 16, 17, and the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion (1) was discovered by an accident that contacts a car in parking in order to avoid the sudden sponsing on the alleyway while driving the instant vehicle for parking, and was not for the purpose of operation.

(2) The Plaintiff did not drive a drunk after obtaining a driver’s license.

(3) Considering that the Plaintiff is an individual taxi driver and the final academic background is an elementary school graduate, the instant disposition is excessively harsh to the Plaintiff, and deviates from and abused the scope of discretion.

B. (1) Determination is made by an administrative agency as to the revocation of a driver's license on the ground of drinking driving.

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