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(영문) 울산지방법원 2019.11.21 2019구단1729
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 instant disposition

A. On December 28, 1994, the Plaintiff acquired Class 2 driver’s licenses, Class 1 driver’s licenses on August 12, 1996, Class 2 driver’s licenses on January 17, 1998, Class 1 driver’s licenses on December 6, 200, Class 1 driver’s licenses on May 12, 2005, Class 1 driver’s licenses on salvage operations on September 13, 2018, respectively.

B. On May 13, 2019, at around 21:05, the Plaintiff was under the influence of alcohol by 0.139%, and was found to have been driving D 124C from the parking lot C located in Ulsan-gu, Ulsan-gu, to the prosperity bridge located in Jung-gu, Jung-gu to the prosperity bridge-dong (hereinafter “instant drinking driving”), and was exposed to the police’s drinking control.

C. On June 5, 2019, the Defendant rendered the instant disposition revoking the Plaintiff’s driver’s license pursuant to Article 93(1)1 of the Road Traffic Act on the ground of the instant drunk driving.

On June 24, 2019, the Plaintiff filed an administrative appeal seeking revocation of the instant disposition with the Central Administrative Appeals Commission, but was dismissed on August 20, 2019.

【Ground of recognition】 The fact that there has been no dispute, Gap's 1 through 4, Eul's 1 through 12, and the purport of whole pleadings

2. Whether the instant disposition is lawful

A. In light of all the circumstances, including the short distance in which the Plaintiff’s assertion was made, the fact that the driving of the instant drinking vehicle was in an accident for 24 years since the driver’s license was obtained, the fact that the driving of the instant drinking vehicle does not cause human and material damage due to the driving of the instant drinking vehicle, the fact that the vehicle is in charge of a strike position at the site of the vehicle manufacturing, and the vehicle is required to drive directly at the time of the occurrence of any problem among the pro rata vehicles, even in order to work at night, and the Plaintiff engages in volunteer activities, such as the delivery of probs by using the vehicle, and the vehicle is essential to lead to such volunteer activities, the instant disposition is unlawful since it was excessively excessive to the Plaintiff, thereby deviating from and abusing the discretion.

(b) The details of the relevant statutes are as shown in the attached statutes.

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