(영문) 부산지방법원 2014.12.17 2014구단1288

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(영문) 부산지방법원 2014.12.17 2014구단1288

자동차운전면허취소처분취소

Text

1. The Defendant’s revocation of the license granted to the Plaintiff on July 29, 2014 shall be revoked.

2. The costs of lawsuit shall be.

Reasons

1. Details of the disposition;

A. On July 21, 2014, the Plaintiff was found to have been drunkly driven by a police officer who driven a private taxi owned by himself/herself (hereinafter “instant taxi”) in order to bring the after-hand and alcoholic beverages to a house after drinking in the mutual Buddhist singing room located in the Bupyeong-gu Busan Metropolitan City (hereinafter “instant taxi”).

B. On July 21, 2014, at around 04:47, the Plaintiff measured the breath alcohol concentration at 0.10% as a result of the breath measuring at the site of the control.

C. On July 29, 2014, the Defendant issued a disposition to revoke the Plaintiff’s driver’s license pursuant to Article 93(1)1 of the Road Traffic Act (hereinafter “instant disposition”). D.

On the other hand, the plaintiff obtained a driver's license in 1976, and since obtained a driver's license in December 5, 1985, the plaintiff was responsible for the livelihood of his family while driving a private taxi. At present, the plaintiff is living together with his wife in his residence and supported his wife.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 7, Eul evidence No. 1-1, 2, Eul evidence No. 2-1, 2, and 3, the purport of the whole pleadings

2. Determination on the legitimacy of the instant disposition

A. The plaintiff's assertion 1) It was true that the non-existence of the disposition ground that the plaintiff driven alcohol while drinking alcohol. However, considering the degree of error in the drinking gauge, it cannot be readily concluded that the plaintiff was driving in the state of drinking alcohol concentration of 0.1%, which is the criteria for revoking the driver's license. Thus, the disposition of this case based on the premise that the blood alcohol level at the time of the plaintiff's driving is not less than 0.10% is unlawful. 2) Even if the blood alcohol level at the time of the plaintiff's abuse falls under the criteria for revoking the driver's license, the plaintiff has no history of driving once before the case, and the plaintiff's driver's license as a private taxi driver is the only part of the plaintiff'

참조조문

-도로교통법 제93조 제1항 제1호

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