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(영문) 수원지방법원 2018.08.10 2018구단1620
자동차운전면허취소처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. (i) On June 29, 2016, the Plaintiff was given a penalty of 110 points for a traffic accident resulting from a breach of duty of safe driving, while driving a Brane vehicle on the road within the jurisdiction of the 0.09% of alcohol concentration on the road under the influence of alcohol around 22:50 on June 29, 2016.

On November 21, 2017, while under the influence of alcohol of 00:19% of the blood alcohol concentration, the Plaintiff was exposed to approximately 50 meters in front of the day which is the day before the day which is the day which is the day which is the day which is the day which is the day which is the day which is the day which is the day which is the day which is the day which is the day which is the day which is the day which is the day which is the day which is the day which is the day which is the day which is the day

B. On December 13, 2017, the Defendant rendered the instant disposition to revoke the driver’s license (Class I common) based on Article 93(2) of the Road Traffic Act on the ground that the accumulated penalty points for two years exceeds 201 points, the revocation of the license.

Applicant filed an administrative appeal with the Central Administrative Appeals Commission against the instant disposition on December 29, 2017. However, the Central Administrative Appeals Commission dismissed the said administrative appeal on March 23, 2018.

【Facts without dispute over the grounds for recognition, Gap’s evidence 1, 2, Eul’s evidence 1 through 12, the purport of the whole pleadings

2. In full view of the following, the Plaintiff’s disposition of this case is lawful: (i) simply a simple drunk driving; (ii) the blood alcohol concentration is relatively low; (iii) active cooperation with an investigative agency; and (iv) the Plaintiff’s driver’s license is required for family life and family life because it abused or abused discretion; and (iv) the instant disposition should be revoked as it is unlawful.

According to Articles 93(1)1, 19, and 93(2) of the Complemented Road Traffic Act, and Article 91(1)28 of the Enforcement Rule of the same Act, with respect to the violation of the duty of safe driving (Article 48 of the Road Traffic Act), given 10 points with respect to the violation of the duty of safe driving (Article 48 of the Road Traffic Act), and 100 points with respect to the drunk (Article 44(1) of the Road Traffic Act).

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