logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2020.03.23 2020구단44
자동차운전면허취소처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of disposition;

A. On September 2, 1993, the Plaintiff acquired a driver’s license (class 2 ordinary) on September 2, 1993, acquired a driver’s license on October 24, 2003 (class 1 ordinary) and was an attempt to clean the company.

B. On July 7, 2019, the Plaintiff, while under the influence of alcohol of 0.181% at blood alcohol level on July 7, 2019, driven an Emina car at a distance of about 0.14 km from the C tourist hotel underground parking lot in Gangdong-gu Seoul Metropolitan Government to D’s front road (hereinafter “instant drinking driving”).

C. On August 12, 2019, the Defendant revoked the Plaintiff’s driver’s license on the ground of the instant drunk driving.

(hereinafter “instant disposition”) D.

On October 14, 2019, the Plaintiff appealed against the instant disposition and filed an administrative appeal with the Central Administrative Appeals Commission, but was dismissed on November 19, 201.

[Identification Evidence: Evidence No. 1, 2, 3, Evidence No. 1 through 12]

2. Whether the instant disposition is lawful

A. In light of the overall circumstances, such as the fact that the Plaintiff’s driver’s license was driven at model for about 27 years after the acquisition of the Plaintiff’s assertion, active cooperation with the police investigation, and the fact that the driver’s license is absolutely necessary and family support and economic difficulties, the instant disposition exceeded the scope of discretion or abused discretion.

(b) No one shall drive a motor vehicle, etc. (including construction machinery other than construction machinery provided for in the proviso to Article 26 (1) of the Construction Machinery Management Act; hereafter the same shall apply in this Article and Articles 45, 47, 93 (1) 1 through 4, and 148-2), tram, or bicycle while under the influence of alcohol;

Article 93 (Revocation and Suspension of Driver's License) (1) When a person who has obtained a driver's license (excluding student licenses; hereafter the same shall apply in this Article) falls under any of the following subparagraphs, the commissioner of a district police agency shall grant a driver's license to all the scope of such person according

arrow