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(영문) 창원지방법원 2016.07.27 2016구단19
자동차운전면허취소처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On October 20, 2015, the Defendant issued a disposition to revoke the Plaintiff’s driver’s license (Class 1 ordinary and Class 2 motor vehicles) as of November 4, 2015, on the ground that the Plaintiff, on September 21, 2015, was under the influence of alcohol at the private distance intersection near the heading bridge at the Camban-dong, and was under the influence of alcohol level of 0.082% from the C (hereinafter “instant disposition”). On the other hand, the Defendant: (a) revoked the Plaintiff’s driver’s license (hereinafter “instant disposition”) as of November 4, 2015, on the ground that:

On October 30, 2015, the Plaintiff filed an administrative appeal with the Central Administrative Appeals Commission on the instant disposition, and the Central Administrative Appeals Commission rendered a ruling dismissing the Plaintiff’s request for administrative appeal on December 1, 2015.

On June 9, 2016, the Plaintiff was sentenced to a judgment of KRW 2 million (Seoul District Court Decision 200,016Ma18, Changwon District Court Decision 200, Changwon District Court Decision 200,000 won (Seoul District Court Decision 2016MaMa18) on the ground that the Plaintiff was found to have suffered bodily injury, such as salt, tensions, etc., due to the shocking part of the bicycle left side of the freight vehicle, and caused C to the front part of the freight vehicle by shocking the part of the bicycle left side of the freight vehicle, and caused C to suffer bodily injury, etc.

【Reasons for Recognition】 Entry of Evidence Nos. 1 and 14, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion C was unlawful in light of the fact that the Plaintiff did not go against the Plaintiff’s driver’s vehicle and did not suffer injury, and that the Plaintiff’s driver’s license is essential to maintain his/her family’s livelihood by leaving his/her her son away from and abusing discretion.

B. In the administrative judgment, the fact that the criminal judgment already became final and conclusive on the same factual basis is a flexible evidence, and thus, it is difficult to adopt a factual judgment in the criminal trial in light of other evidence.

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