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(영문) 수원지방법원 2018.12.12 2018구단4094
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 February 26, 2007, the Plaintiff acquired a Class I ordinary driver’s license (B), and was subject to the suspension of the driver’s license by driving a motor vehicle under the influence of alcohol level 0.069% on May 10, 2014, and was subject to the suspension of the driver’s license. On April 13, 2018, at around 01:45, the Plaintiff: (a) was under the influence of alcohol level 0.12% ( blood collection appraisal) from the influent place in Suwon-gu, Suwon-si, Suwon-si, and was under the influence of alcohol level 0.50 meters (hereinafter “driving of this case”).

B. On May 3, 2018, the Defendant: (a) applied Article 93(1)1 of the Road Traffic Act to the Plaintiff on the ground of the instant drunk driving; (b) issued a disposition revoking the license of the vehicle driving stated in the preceding paragraph (hereinafter “instant disposition”).

C. The Plaintiff appealed and filed an administrative appeal with the Central Administrative Appeals Commission, but was dismissed on September 1, 2018.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 7, Eul evidence 1 to 15, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion has used a normal driving and did not cause a traffic accident through the drinking driving of this case. The plaintiff's blood alcohol concentration is minor at the time of the drinking driving of this case, and the plaintiff must manage the tester company in the area of Pyeongtaek-si and return to the construction site, and return to the construction site at the place of residence where there is almost no public transportation, considering the fact that the driver's license is essential for maintaining livelihood, the plaintiff actively cooperates with and reflects with the investigative agency in relation to the drinking driving of this case, the plaintiff must have the thickness of his parent, and bear living expenses and household debts, etc., the disposition of this case is in violation of discretionary power and abuse.

(b) judgment 1 sanctions.

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