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(영문) 수원지방법원 2018.11.23 2018구단2913
자동차운전면허취소처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. (i) On May 4, 2018, the Plaintiff driven a B-hand passenger car at around 20 meters from the 1st century to the chip parking lot, while under the influence of alcohol at around 0.145% of alcohol content, at around 22:00.

At the time, the plaintiff was behind the above parking lot and caused physical damage to the backer of the plaintiff's vehicle to shock the fronter of the damaged vehicle.

B. On May 24, 2018, the Defendant rendered the instant disposition to the Plaintiff on the grounds of Article 93(1)1 of the Road Traffic Act, which revoked the driver’s license (Class I common).

Article 22(1) of the former Administrative Appeals Commission Act (amended by Presidential Decree No. 2010, Jul. 12, 2018).

【Facts without dispute over the grounds for recognition, Gap 1, 2 evidence, Eul 4 through 14, the purport of the whole pleadings

2. The Plaintiff asserts that the instant disposition is unlawful since it abused discretion and abused it, considering the following: (i) there are only a minor number of traffic offenses between about 14 years, and there is no traffic accident or drinking driving force; (ii) there is no traffic accident or drinking driving force; (iii) there is a usual driving system; (iv) active cooperation with the police investigation; and (v) the driving of illegal waste monitoring company and its family members need driver's license for the performance of duties and family life.

According to Article 93(1)1 of the Luxembourg Road Traffic Act and Article 91(1)28 of the Enforcement Rule of the same Act, the time when a person drives in the state of drunk drinking (not less than 0.1% of blood alcohol concentration) shall be determined based on the cancellation of the license, but the time when the person drives is determined as an exemplary driver, is an important means to maintain his family's livelihood, is engaged in transportation service for not less than three years at the time of the disposition as an exemplary driver, or is given an official commendation by the chief of a police station or higher by arresting the escape driver.

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