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(영문) 울산지방법원 2016.06.02 2016구합173
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 November 6, 1991, the Plaintiff acquired Class 1 ordinary car driving license (B).

B. On September 9, 2015, while under the influence of alcohol with a blood alcohol content of 0.076% on September 9, 2015, the Plaintiff driven CK5 automobiles with a alcohol capacity of 0.076%, making an internship in front of the shooting distance (other than the internship area) in the north-gu, Ulsan-gu, U.S., and all of the drunk driving and the central offense committed by the police was discovered.

C. On October 13, 2015, the Defendant immediately issued a disposition to revoke the said driver’s license (hereinafter “instant disposition”) to the Plaintiff on the ground that the Defendant’s cumulative score exceeds 121 points for the Plaintiff’s one-year period, 30 points, and 100 points for drinking driving.

On October 26, 2015, the Plaintiff appealed against the instant disposition and filed an administrative appeal with the Central Administrative Appeals Commission, but the said commission rendered a ruling dismissing the said claim on November 20, 2015.

[Basis] Facts without dispute, Gap evidence 1, 3, Eul evidence 1, 3 through 10, Eul evidence 11-3 and 4, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. Considering the fact that the driver’s license was revoked on the same day as the Plaintiff’s assertion, due to the characteristics of the Plaintiff’s business, the meals with the customer are inevitable, certain drinking in the process, the head of the business department of the company in which the driver’s license was revoked, the resignation of the head of the business department of the company in which the Plaintiff is in office, and the family must support, the instant disposition is unlawful as it is too harsh to the Plaintiff, and it is unlawful

(b) as shown in the attached Form of the relevant statutes;

C. 1) According to Article 93(2) of the Road Traffic Act, the commissioner of a district police agency may impose penalty points on a person who violates traffic regulations, as prescribed by Ordinance of the Ministry of the Interior, and may cancel or suspend a driver's license where the penalty points exceed a certain point, and Article 91(1) [Attachment] of the Enforcement Rule of the Road Traffic Act

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