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(영문) 대구지방법원 2018.10.19 2018구단10854
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. At around 21:05 on May 26, 2018, the Plaintiff was found to have driven B vehicles while under the influence of alcohol leveling 0.051% of alcohol level on the front side of the Seogwon of the Nam-gu, Chungcheongnam-gu, the Nam-gu, the Chungcheongnam-gu, the Chungcheongnam-gu, the Simpoon

(hereinafter referred to as “drinking driving of this case”). (b)

On June 4, 2018, the Defendant issued a disposition to revoke the Plaintiff’s driver’s license (class 1 common) as of January 30, 2018 pursuant to Article 93(1)2 and Article 44(1) of the Road Traffic Act, Article 91(1) [Attachment 28] of the Enforcement Rule of the Road Traffic Act, on the ground that the Plaintiff had the two-time alcohol level (0.145% of blood alcohol level on August 17, 2005, and 0.058% of blood alcohol level on October 5, 2007).

C. The Plaintiff filed an administrative appeal against the instant disposition, but the Central Administrative Appeals Commission rendered a ruling dismissing the Plaintiff’s claim on July 17, 2018.

On July 6, 2018, the Plaintiff was issued a summary order of KRW 1 million (2018 high-ranking 2095) as a crime of violating the Road Traffic Act in the port branch of the Daegu District Court on July 6, 2018, and the said summary order was finalized on July 25, 2018.

[Ground of recognition] Unsatisfy, Gap evidence 1, 2, Eul evidence 1 (including paper numbers), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion 1) In light of the following: (a) the Plaintiff was driving after drinking alcohol for a considerable time; (b) the Plaintiff’s condition at the time of crackdown was fluent in addition to blood; (c) the Plaintiff’s blood alcohol level was 74 days after the correction; and (d) the Plaintiff’s blood alcohol level was 0.051% within the permissible permissible error range, etc., it cannot be readily concluded that the Plaintiff’s blood alcohol level was 0.05% or more when the Plaintiff’s driver’s license was revoked, it cannot be concluded that the Plaintiff’s blood alcohol level was 0.05% or more.

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