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(영문) 수원지방법원 2019.10.02 2019구단2897
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 22, 2011, the Plaintiff acquired a Class I ordinary driver’s license (B), Class I driver’s license on July 1, 2014, and was subject to a disposition of suspension of driver’s license on January 15, 2018 (0.092% of blood alcohol concentration). On March 22, 2019, the Plaintiff once again was subject to a disposition of suspension of driver’s license on the drinking driving on January 15, 2018, from the D station near the station in the area in the area in Seongbuk-gu, Sungnam-si (hereinafter “instant drinking driving”). From March 22, 2019 to the front of the F Hospital in the same Gu E, the Plaintiff was driving approximately 1 km in the volume of G learning cars under the influence of alcohol concentration of 0.124% (hereinafter “instant drinking driving”).

B. On May 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 July 23, 2019.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 5, Eul evidence 1 to 15, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion that the plaintiff used a usual driving, the plaintiff did not cause a traffic accident through the drinking driving of this case, the distance of the drinking driving of this case is relatively short, and the plaintiff actively cooperate with and reflects to investigation agencies in relation to the drinking driving of this case, the plaintiff's driver's license is essential due to the nature of the work to manage and deliver alcoholic beverage stores by engaging in liquor and distribution business in H Burial, and the plaintiff lives in the underground floor as a monthly income, and the plaintiff must bear the repayment of living expenses and personal rehabilitation, and is economically difficult, such as a parent's thickness should be economically assisted, and the family support and household debts are borne.

B. The scope of discretionary power is determined by social norms.

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