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(영문) 수원지방법원 2019.11.06 2019구단8314
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 June 8, 2010, the Plaintiff acquired a Class I ordinary driver’s license (B) on June 1, 2010, and caused a traffic accident involving the victim G, which caused a traffic accident involving approximately 500 meters in volume of Fbenz GLC 220D car under the influence of alcohol level 0.109% on the front of the D elementary school located in Pyeongtaek-si C from June 2, 2019 to the front of the same city at the same time, while under the influence of alcohol level 0.109% on the road.

B. On June 29, 2019, the Defendant rendered a disposition to revoke the license stated in the preceding paragraph (hereinafter “instant disposition”) by applying Article 93(1)1 of the Road Traffic Act to the Plaintiff on the ground of the instant drunk driving (hereinafter “instant disposition”).

C. The Plaintiff appealed and filed an administrative appeal with the Central Administrative Appeals Commission, but was dismissed on August 13, 2019.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 5, Eul evidence Nos. 1 to 16, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. At the time of the Plaintiff’s assertion, the Plaintiff’s blood alcohol level is insignificant to 0.109%, the Plaintiff’s blood alcohol level was likely to have been measured higher than the actual blood alcohol level due to alcohol remaining in the Plaintiff’s drafting at the time of measuring the blood alcohol level; the Plaintiff’s error may occur; the Plaintiff’s model driving for 9 years; the Plaintiff’s vehicle is against his/her drinking driving; the Plaintiff is going against his/her child’s childbirth as married wife on May 2017; and the Plaintiff is making efforts to find various hospitals for her child’s childbirth; considering the fact that the Plaintiff’s occupational vehicle operation is essential, the disposition of this case is deviating from discretion and abuse.

B. The judgment-1 punitive administrative disposition has deviates from the scope of discretion by social norms.

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