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(영문) 의정부지방법원 2017.09.06 2017구단730
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 February 27, 2017, the Defendant revoked the Plaintiff’s license to drive a motor vehicle stated in the purport of the claim on the ground that “the Plaintiff was under the influence of alcohol at around 21:35 on February 2, 2017 and was under the influence of alcohol at least 0.095%.”

(hereinafter “instant disposition”). (b)

On February 28, 2017, the Plaintiff appealed and filed an administrative appeal with the Central Administrative Appeals Commission, but the Central Administrative Appeals Commission dismissed the appeal on April 4, 2017.

C. Meanwhile, the Plaintiff was under the influence of alcohol with 0.057% on December 23, 2004 and 0.079% on May 1, 2014.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 to 12, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff alleged that the Plaintiff’s assertion is unlawful by abusing and abusing discretion, since the Plaintiff’s driver’s license is essential to deliver and deliver a small-scale garmentsd salting plant to customers who are nationwide, and thus, the instant disposition is unlawful as it threatens the family’s livelihood when the driver’s license is revoked.

(b) Article 44 of the Road Traffic Act (amended by Act No. 14839, Jul. 26, 2017) (1) No person shall drive a motor vehicle, etc. under the influence of alcohol (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);

Article 93 (Revocation and Suspension of Driver's License) (1) When a person who has obtained a driver's license (excluding any student license; hereafter the same shall apply in this Article) falls under any of the following subparagraphs, the commissioner of a district police agency shall include a driver's license to all extent pursuant to

(2) 2. 2.

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