(영문) 수원지방법원 2019.08.28 2019구단2477

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원 2019.08.28 2019구단2477

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. On April 28, 1995, the Plaintiff acquired a Class 2 motorcycle driver’s license (B), Class 1 ordinary driver’s license on July 29, 199, Class 1 driver’s license on June 2, 2009, and Class 1 driver’s license on June 2, 2009. On March 20, 2019, the Plaintiff caused a traffic accident leading to the Plaintiff, while under the influence of alcohol at around 0.158% of the blood alcohol level on March 20, 2019, while the Plaintiff was under the influence of alcohol at around 22:30% of the foregoing apartment, the amount of Category 30 meters (hereinafter “driving under the influence of alcohol”).

B. On April 12, 2019, the Defendant rendered a disposition to revoke the license stated in the preceding paragraph (hereinafter “instant disposition”) by applying Article 93(1)1 of the Road Traffic Act to the Plaintiff on the ground of 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 June 27, 2019.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 7, Eul evidence 1 to 13, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff asserted that the plaintiff used a usual driving and attempted to use a substitute driving even before the driving of the case. The distance of the drinking driving of the case is relatively short of 30 meters, the possibility of criticism and danger about the drinking driving of the case, and the plaintiff has been exemplary driving without any particular accident for 21 years. The plaintiff is in need of a driver's license by engaging in the business of supplying the products to marina or Schlage in the E business office, and the plaintiff actively cooperate and reflects with the investigative agency in relation to the drinking driving of the case, the plaintiff must support two children, the mother, and the mother, and the household debts, etc., in consideration of the fact that the disposition of the case is in violation of discretionary power and abuse.

B. Determination 1 sanctions are imposed.

참조조문

-도로교통법 제93조 제1항 제1호

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