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(영문) 수원지방법원 2020.04.03 2019구단4473
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 18, 2007, the Plaintiff driven a motor vehicle while under the influence of alcohol 0.147% of alcohol level.

B. On August 24, 2019, the Plaintiff, while under the influence of alcohol at 0.035% of alcohol level on August 24, 2019, driven a B low-speed car, and a vehicle with 500 meters from the administrative Ri of the local government of the local level of the local level of the local level of the local level of the local level of the local level of the local level of the local level

C. On September 12, 2019, the Defendant issued a disposition revoking Class I ordinary and Class II ordinary drivers’ licenses to the Plaintiff (hereinafter “instant disposition”) on September 12, 2019, on the ground that the Plaintiff was driving again under the influence of drinking alcohol.

The Plaintiff appealed against the instant disposition and filed an administrative appeal, but the Central Administrative Appeals Commission dismissed the Plaintiff’s request for administrative appeal on November 19, 2019.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3, Eul evidence 1 to 12, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. In light of the following, the purport of the Plaintiff’s assertion did not cause any personal or material damage due to the Plaintiff’s drunk driving, and the Plaintiff’s work as a warehouse in charge of the warehouse that the Plaintiff would not drive under the influence of alcohol again, and the Plaintiff’s work as a warehouse in charge of the warehouse. Since the license is essential due to the nature of the Plaintiff’s work, if the license is revoked, it would be impossible to perform its duties, and there would be a place where the Plaintiff would discontinue to engage in work, and the thickness of the parent should also be economically assisted, the instant disposition should be revoked because it is too harsh to the Plaintiff

B. The proviso of Article 93(1) of the Road Traffic Act and Article 93(1)2 of the same Act stipulate that the driver of a motor vehicle who drives a motor vehicle under the influence of alcohol shall revoke the driver’s license in a case where the person who drives the motor vehicle

As seen earlier, the Plaintiff is driving a drinking motor vehicle again under the influence of drinking, and the reason for the suspension of driver's license is as follows.

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