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(영문) 광주지방법원 2017.05.11 2016구단1229
자동차운전면허취소처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of disposition;

A. On August 4, 2016, the Plaintiff, holding a Class I ordinary driver’s license, driven a road of approximately 300 meters up to the front road located in D, in front of the e apartment, in the front of the YY-gun, Jeonnam-gun, under the influence of alcohol level of 0.144%, around August 21, 2016.

B. On August 19, 2016, the Defendant issued a disposition revoking the Plaintiff’s Class I ordinary driver’s license on the ground of the above drunk driving (hereinafter “instant disposition”).

C. The Plaintiff filed an administrative appeal against the instant disposition, but the claim was dismissed on October 11, 2016.

[Ground of recognition] The fact that there is no dispute, Gap's 1, 2, Eul's 1 through 10 (including paper numbers), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion 1) The plaintiff alleged the non-existence of the grounds for disposition was in a state of more than 5-10 minutes after drinking at the time of crackdown, and the remaining alcohol in the Gu was not provided despite the request for water to be able to be able to be able to be able to be able to be able to be able to be able to take a drinking level without sufficiently removing the alcohol in the draft due to the increase in blood alcohol concentration. Therefore, the disposition in this case is unlawful. 2) Since the plaintiff obtained a driver's license to deviate from and abuse the discretion, the plaintiff continued to engage in an accident driving, such as the Red Cross, the voluntary crime prevention group, etc., and the children who are minors and children who are minors, should support without the accident. In full view of the above, since the disposition in this case is more unfavorable than the public interest to be gained due to the cancellation of the driver's license, the disposition in this case is more unfavorable than the disposition in this case.

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

다. 판단 1 처분사유 부존재 주장에 관한 판단 ㈎ 관련 법리 운전 시점과 혈중알코올농도의...

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