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(영문) 대전지방법원 2020.06.18 2020구단225
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 October 8, 2019, around 21:32, the Plaintiff driven B vehicle under the influence of alcohol with a blood alcohol concentration of 0.066% on the street in front of the 6th century and the 0.066% on the street while driving in front of the 6th degree of sexual stop (hereinafter “instant drunk driving”).

B. On October 21, 2019, the Defendant issued the instant disposition revoking the Plaintiff’s driver’s license pursuant to Article 93(1)2 of the Road Traffic Act on the ground that the Plaintiff was driving under the influence of drinking alcohol even though he had past history of driving under the influence of alcohol.

C. The Plaintiff filed an administrative appeal seeking revocation of the instant disposition with the Central Administrative Appeals Commission, but was dismissed on January 21, 2020.

On the other hand, the plaintiff has driven a motor vehicle under the influence of alcohol before driving the motor vehicle in this case.

[1] On December 27, 2003, the alcohol driving (0.073% of blood alcohol level) and the alcohol driving (0.094% of blood alcohol level) on August 29, 2007. 【Ground for Recognition】 The fact that there is no dispute, Gap 1 through 3, 5, Eul 1 through 13, and the purport of the whole pleadings, and the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. In light of all circumstances such as the Plaintiff’s assertion that the flow of traffic was obstructed or the occurrence of a traffic accident, the distance of the Plaintiff’s driving was limited to about 2 km, the Plaintiff actively cooperated in the investigation into a drunk driving after the pertinent drunk driving, the Plaintiff is in charge of supplying the vehicle, having economic difficulties, and there are family members to support, etc., the instant disposition was excessively harsh to the Plaintiff and abused discretion.

(b) as shown in the attached Form of the relevant statutes;

C. According to the proviso of Article 93(1) of the Road Traffic Act and Article 93(2) of the same Act, a person who was discovered as a result of a drunk driving or a refusal to measure alcohol again constitutes a ground for suspension of driver’s license.

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