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(영문) 의정부지방법원 2020.10.12 2020구단1252
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On August 27, 2002, the Plaintiff acquired a driver’s license (class 1 common), and on December 25, 201, the Plaintiff was revoked the driver’s license on February 12, 2012 while driving under the influence of alcohol 0.121% of the blood alcohol level, and acquired a driver’s license (class 1 common) on February 15, 2013.

B. On April 14, 2020, at around 03:25, the Plaintiff driven a D vehicle with a distance of about 3 km from the front of B in the Southern-si to C in the direction of alcohol 0.111%, while under the influence of alcohol at around 03:25, the Plaintiff driven a D vehicle (hereinafter “instant drinking driving”).

C. On May 12, 2020, the Defendant revoked the Plaintiff’s driver’s license on the ground of the instant drinking driving.

(hereinafter “instant disposition”) D.

On May 26, 2020, the Plaintiff dissatisfied with the instant disposition and filed an administrative appeal with the Central Administrative Appeals Commission, but filed it with the Central Administrative Appeals Commission.

7.7. The dismissal was made.

[Identification Evidence: Evidence No. 1, 2, 3, Evidence No. 1 to 11]

2. Whether the instant disposition is lawful

A. In light of the fact that the Plaintiff’s alleged mobile distance is relatively short and there is no personal or material injury due to the instant drunk driving, the use of a usual driving and active cooperation with the police investigation, and the fact that the driver’s license is absolutely absolutely necessary due to the nature of the duties as a music supervisor and a music supervisor, etc., the instant disposition is beyond the scope of the discretion or abused discretion.

(b) No one shall drive a motor vehicle, etc. (including construction machinery other than construction machinery provided for in the proviso to Article 26 (1) of the Construction Machinery Management Act; hereafter the same shall apply in this Article and Articles 45, 47, 93 (1) 1 through 4, and 148-2), tram, or bicycle while under the influence of alcohol;

Article 93 (Revocation and Suspension of Driver's License) (1) The commissioner of a district police agency shall grant a driver's license (excluding student licenses; hereafter the same shall apply in this Article).

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