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(영문) 부산지방법원 2019.02.20 2018구단20928
자동차운전면허취소처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On January 10, 2018, the Defendant issued a disposition to revoke the Plaintiff’s first-class ordinary driving license by applying Article 93(1)1 of the Road Traffic Act, on March 7, 2018, on the ground that the Plaintiff driven a C motor vehicle while under the influence of alcohol level of 0.255% on the front of the Busan Northern Bank (hereinafter “instant disposition”).

[Ground for recognition] Unsatisfy

2. Whether the disposition is lawful;

A. The plaintiff's assertion 1) The non-existence of the grounds for disposition shows that the plaintiff was drinking at the police's house, and the plaintiff was drinking, from January 9, 2018, up to 20:00, D, after drinking 300 a week, and parked at D, his father's house, but on January 10, 2018, the police tried to find the plaintiff's house after drinking her home. The plaintiff's disposition of this case was conducted by the police's drinking test while the plaintiff showed that he was drinking at the house, and the plaintiff was engaged in a drinking test. The plaintiff's disposition of this case's driver's license was unlawful since it did not go beyond 100 days after drinking her own discretion. The plaintiff's disposition of this case's drinking her own car and her driver's license of this case's license of this case is unlawful since it did not go beyond 100 days after drinking her own discretion.

B. As to the non-existence of the grounds for disposition 1, each entry of the evidence No. 4-1 to No. 3, and No. 5 is made.

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