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(영문) 수원지방법원 2018.01.19 2017구단2596
자동차운전면허취소처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Around 00:06 on April 13, 2017, while under the influence of alcohol of 0.154% of alcohol content, the Plaintiff driven a vehicle of Category B on the northwest-ro 6-6-gil, Seodaemun-gu, Seoul, Seoul, and approximately 1 km from the front of the Seongbuk-gu, Seoul Seomun-gu, Seoul, and the front road of the Seongbuk-do, and caused an accident involving shocking vehicles parked.

B. On May 17, 2017, the Defendant rendered the instant disposition to the Plaintiff on the grounds of Article 93(1)1 of the Road Traffic Act, which revoked the driver’s license (class 1 common and class 2 common).

Article 22(1) of the former Administrative Appeals Commission Act (amended by Presidential Decree No. 2010, Aug. 31, 2017).

【Facts without dispute over the grounds for recognition, Gap 1, 2 evidence, Eul 4 through 14, the purport of the whole pleadings

2. The Plaintiff asserts that the instant disposition is unlawful since it abused discretion, considering the following as a whole: (i) whether the instant disposition is legitimate; (ii) the Plaintiff has been engaged in exemplary driving except for minor and minor violation of laws and regulations for twenty-three (23) years; (iii) has been engaged in ordinary driving; (iv) has actively cooperated with the investigation agency; and (v) has actively been engaged in the operation of the meat processing wholesale business; and (iv) the driving license is necessary for the operation of the

According to Article 93(1)1 of the Luxembourg Road Traffic Act and Article 91(1)28 of the Enforcement Rule of the same Act, when operating a vehicle in a drunken state (not less than 0.1% of blood alcohol level) shall be determined based on the revocation of the license, and the disposition penalty may be mitigated to 110 points for “a person who is an important means to maintain his family’s livelihood, is engaged in transport service activities for not less than three years at the time of the disposition as an exemplary driver, or who has received an official commendation from the chief of a police station or higher by causing a traffic accident and arresting an escape driver and does not meet the requirements for exclusion.”

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