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(영문) 의정부지방법원 2020.12.21 2020구단5421
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A. On December 4, 2010, the Plaintiff’s driver’s license held on August 20, 201 was revoked as the Plaintiff did not take any measures against an accident involving bodily injury. On October 27, 2013, the Plaintiff was found to have been driven while under the influence of alcohol 0.107% without a driver’s license on October 27, 201, and the Plaintiff acquired a driver’s license (Class II common) on March 16, 2016, and did not take any measures against the Plaintiff while driving the goods on August 19, 2018.

B. On February 16, 2020, the Plaintiff, while under the influence of alcohol at 0.156% of blood alcohol level at around 17:20, the Plaintiff driven a DPoter II cargo vehicle with a distance of about 10km from C funeral hall located in the wife population B to the front road of the forest-based administrative welfare center located in 1315 as the wife population back to the back of the forest-based administrative welfare center (hereinafter “instant drinking driving”). On February 16, 2020, the Plaintiff, while driving a direct dust, caused damage to two ordinary persons, etc. by shocking a vehicle in the atmosphere due to signal.

C. On March 5, 2020, the Defendant revoked the Plaintiff’s driver’s license on the ground of the instant drinking driving.

(Disqualified Period from March 29, 2020 to March 28, 2022; hereinafter “instant disposition”). D.

On March 27, 2020, the Plaintiff dissatisfied with the instant disposition and filed an administrative appeal with the Central Administrative Appeals Commission, but filed an administrative appeal with the Central Administrative Appeals Commission

5. It was dismissed on 19.

[Identification Evidence: Evidence No. 6, 7, 8, Evidence No. 1 to 13]

2. Whether the instant disposition is lawful

A. In light of all circumstances, such as the fact that it is difficult to deem that the damage caused by the drinking driving of the Plaintiff’s assertion was insignificant and injured, the relevant criminal trial is still underway, and the driver’s license is absolutely necessary for maintaining livelihood, the instant disposition for the two-year disqualified period is beyond the scope of discretion or abuse of discretion.

(b) Article 44 of the Road Traffic Act (Prohibition of Driving under the influence of alcohol) (1) shall be under the influence of alcohol;

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