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(영문) 수원지방법원 2019.05.01 2019구단549
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. The Plaintiff acquired a Class I ordinary driver’s license on June 4, 2010, but was subject to the disposition of revocation of the driver’s license on August 20, 2013 as a full driving (0.185%) and acquired Class II ordinary driver’s license on October 16, 2014, and around 03:00 on November 10, 2018, the Plaintiff driven approximately 38 km of the EK5 passenger’s license under the influence of alcohol 0.18% under the influence of alcohol from the D University located in Gangseo-gu Seoul Special Metropolitan City (hereinafter “instant drunk driving”).

B. On November 28, 2018, the Defendant rendered a disposition to revoke the driver’s license stated in the preceding paragraph (hereinafter “instant disposition”) by applying Article 93(1)1 of the Road Traffic Act due to the instant drunk driving (hereinafter “instant disposition”).

C. The Plaintiff appealed and filed an administrative appeal with the Central Administrative Appeals Commission, but was dismissed on January 8, 2019.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 7, Eul evidence 1 to 12, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff alleged that the plaintiff used a usual driving, and tried to use a substitute driving immediately before the driving of the pertinent drinking, the plaintiff did not cause a traffic accident through the pertinent drinking driving, the plaintiff's blood alcohol concentration is minor at the time of the pertinent drinking driving, the possibility and risk of criticism about the pertinent drinking driving, and the plaintiff's operator as a member of the F Co., Ltd., which is a small and medium enterprise, must deal with the nation's customer, so the driver's license is essential for the maintenance of livelihood, the plaintiff actively cooperates with and reflects with the investigative agency, the plaintiff should have a strong economic help with the parent, and the plaintiff is not economically difficult such as sharing living expenses and household debts, and the plaintiff has delivered donations to Sungnam Children's specialized institution, G, etc.

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