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(영문) 창원지방법원 2015.04.14 2014구단1353
자동차운전면허취소처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Details of the disposition

On September 19, 2014, the Defendant issued a disposition to revoke the license for driving a motor vehicle for Class I large, Class I common, Class I common, Class II common, Class II common, and Class II motor vehicle (hereinafter “instant disposition”) on the ground that the Plaintiff driven a vehicle while under the influence of alcohol by 0.135% of the blood alcohol concentration on August 3, 2014.

The plaintiff was under the procedure of the previous trial.

【In the absence of dispute, Gap 2, 8 evidence, Eul 1 through 15, and the purport of the disposition of this case as a whole, the plaintiff 1) at the time of drinking driving of this case, at the time of driving of this case, the plaintiff 2, 2, 8, and Eul 1 to 15, and the purport of the disposition of this case is legitimate. At the time of driving of this case, the plaintiff 1, the plaintiff 2, 2, 2, 2, 2, 2, 2, 2, 3, 2, 3, 2, 3, 2, 2, 3, 2, 2, 3, 2, 3, 2, 3, 2, 3, 2, 3, 4, 2, 2, 2, 3, 3, 3, 4, 4, 4, 4, 5, 2, 2, 2, 3, 3, 3, 4, 4, 5.

Judgment

1. First of all, the existence of the reason for disposition is examined, and even if not bound by the facts found in a criminal trial, the fact that a criminal judgment already became final and conclusive on the same facts is a flexible evidence in an administrative litigation, and thus, it is submitted in an administrative trial.

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