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(영문) 수원지방법원 2020.04.03 2019구단4688
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 July 26, 2019, at around 03:32, the Plaintiff driven a car with B-Lpoper while under the influence of alcohol at 0.126% of alcohol level, and driving a car at 15 km from the day before he/she was discharged from his/her death before he/she died in the Suwon-si Suwon-si Area, to the front road of the D factory located in Gwangju-si, Gwangju-si.

B. On August 10, 2019, the Defendant issued a disposition revoking the Class II ordinary driver’s license against the Plaintiff on the ground that the Plaintiff was under the influence of alcohol with a blood alcohol level of at least 0.08%, which is the base value for revocation of the license (hereinafter “instant disposition”).

C. The Plaintiff filed an administrative appeal against the instant disposition, but the Central Administrative Appeals Commission dismissed the Plaintiff’s request for administrative appeal on October 29, 2019.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, Eul evidence Nos. 1 to 13, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The summary of the plaintiff's argument does not cause any personal or material injury due to the plaintiff's drinking driving, there has been no history of traffic accident or driving under influence for about nine years since the plaintiff acquired the driver's license, and the plaintiff is currently going against the present condition and is expected not to drive under influence again, and the plaintiff is a nurse working at the patient's room at a university hospital. The plaintiff is a nurse working at the 6:00 am working at the 6:0 am working at the 6:0 am working at the 6:0 am and the 00 am working at the 12:0 am working at the 12:0 am and is very difficult to commute to the public, so cancellation of the license is difficult, the plaintiff must support his spouse and two children; second, the plaintiff must get the plaintiff to drive his vehicle on a regular basis, and the principal and interest of the cost 100 million won should also be repaid and abused.

B. Determination 1.

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