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(영문) 의정부지방법원 2020.10.12 2020구단1207
자동차운전면허취소처분취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of disposition;

A. On February 17, 2004, the Plaintiff acquired a driver’s license (Class I ordinary).

B. On March 18, 2020, at around 05:39, the Plaintiff driven CA car ( QM6) at a distance of about 30 km from the front day of any alcohol house in the city under the influence of alcohol by 0.119%, to the front day of any building in the city under the influence of alcohol (hereinafter “instant drinking driving”).

C. On April 14, 2020, the Defendant revoked the Plaintiff’s driver’s license on the ground of the instant drinking driving.

(hereinafter “instant disposition”) D.

On April 24, 2020, the Plaintiff dissatisfied with the instant disposition and filed an administrative appeal with the Central Administrative Appeals Commission, but filed it with the Central Administrative Appeals Commission.

6.23. was dismissed.

[Identification Evidence: Evidence No. 1 to 4, Evidence No. 1 to 12]

2. Whether the instant disposition is lawful

A. Considering the fact that there is no personal injury caused by the instant drunk driving, the fact that the Plaintiff’s driver’s license was relatively exemplary for about 17 years after the acquisition of the driver’s license, the fact that the Plaintiff used a flat acting driving and actively cooperated in the police investigation, and the fact that the driver’s license is absolutely absolutely necessary as a member of the company and all circumstances, such as the family type and the need for the driver’s license as a member of the company, the instant

(b) No one shall drive a motor vehicle, etc. (including construction machinery other than construction machinery provided for in the proviso to Article 26 (1) of the Construction Machinery Management Act; hereafter the same shall apply in this Article and Articles 45, 47, 93 (1) 1 through 4, and 148-2), tram, or bicycle while under the influence of alcohol;

(1) When a person who has obtained a driver's license (excluding student licenses; hereafter the same shall apply in this Article) falls under any of the following subparagraphs, the commissioner of a district police agency shall comply with the standards prescribed by Ordinance of the Ministry of Public Administration and Security:

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