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(영문) 서울행정법원 2019.01.09 2018구단21630
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 has a record of violating the prohibition of drunk driving by driving a motor vehicle while under the influence of alcohol on October 2, 2005 and at least 0.117% of the blood alcohol concentration on September 17, 2009.

B. On July 5, 2018, the Plaintiff driven a C-A-to-pur motor vehicle under the influence of alcohol with 0.085% alcohol level on the front of Mapo-gu Seoul, Seoul.

C. On August 29, 2018, the Defendant issued a notice of the first-class ordinary vehicle driver’s license to the Plaintiff on August 29, 2018 (hereinafter “instant disposition”) on the ground that the Plaintiff violated the prohibition of drunk driving twice or more, on the ground that the Plaintiff violated the prohibition of drunk driving.

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 October 17, 2018.

[Ground of recognition] The fact that there is no dispute, Gap's 1, 2, Eul's 3-2, Eul's 4 through 6, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion is unlawful in light of the Plaintiff’s circumstances and various circumstances, such as the Plaintiff’s failure to lead to the instant disposition by carrying a musical instrument and driving a motor vehicle on the part of the Plaintiff as a music artist for personal teaching and performance. In light of the Plaintiff’s circumstances, the instant disposition was excessively harsh and is an abuse of discretion.

B. In full view of the provisions of Articles 93(1)2 and 44(1) of the Road Traffic Act, the Commissioner of the Local Police Agency must revoke the driver’s license in a case where a person who has violated two or more times the prohibition of driving under the influence of alcohol once again drives under the influence of alcohol falls under the grounds for

As seen above, the plaintiff violated the prohibition of drinking driving again in the state of not less than two times, and the defendant, who is the commissioner of a district police agency, shall revoke the plaintiff's driver's license without fail, and the defendant shall be the defendant.

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