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(영문) 울산지방법원 2014.08.14 2014구합1493
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. The plaintiff acquired a Class I ordinary driver's license on September 30, 1989, Class I special driver's license from the defendant on September 17, 2003, Class I driver's license from the defendant on September 22, 2003, and Class I driver's license on September 22, 2003.

B. On March 11, 2014, the Defendant: (a) on January 29, 2014, the Plaintiff was driving a C vehicle while under the influence of alcohol level of 0.095% on the front side of Ulsan-gu, Ulsan-gu, Seoul-do, Seoul-do, with a blood alcohol level of 0.48%; and (b) caused another person due to a traffic accident.

(hereinafter referred to as the “instant accident”) caused the Plaintiff’s revocation of the Plaintiff’s Class 1 large, Class 1 ordinary, and Class 1 special (bitr) driver’s license (hereinafter referred to as the “instant disposition”).

[Reasons for Recognition] Unsatisfy, Gap evidence 1, Eul evidence 1 and 11, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. For the following reasons, the instant disposition should be revoked on the ground that the Plaintiff’s assertion was unlawful.

1) The time when the Plaintiff completed drinking is about 19:30 hours. The time when the instant accident occurred is about 19:48 hours, and about 20:40 hours when the alcohol level was measured is about 70 minutes from the last drinking time. As such, 0.05% of the above drinking level is measured when the blood alcohol level was raised toward the highest level after drinking. Thus, it cannot be deemed that the Plaintiff accurately reflected the blood alcohol level at the time of the instant accident. Thus, it is difficult to readily conclude that the Plaintiff driven a vehicle in the state of alcohol level above 0.050% at the time. Moreover, the Plaintiff measured the blood alcohol level at around 20:40, and stated the Plaintiff’s blood alcohol level in the traffic accident report prepared at around 20:30, and the Plaintiff cannot be deemed to have any credibility in the foregoing traffic accident report, and the Plaintiff cannot be deemed to have made a red report with red and red blood alcohol level more than 20% in the state of blood alcohol.

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