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(영문) 광주지방법원 2016.06.15 2016구단11011
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 September 30, 2015, at around 22:30, the Plaintiff driven a passenger car on the road before the Gwangju Northern-gu Cirel while under the influence of alcohol by 0.108%.

B. On October 23, 2015, the Defendant revoked the Plaintiff’s Class I ordinary and Class II ordinary driver’s license pursuant to Article 93(1)1 of the Road Traffic Act (hereinafter “instant disposition”).

C. The Plaintiff appealed and filed an administrative appeal, but was dismissed on December 15, 2015.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, and Gap evidence 7, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. Plaintiff’s assertion 1) The final drinking time is 22:00, the driving time is 22:20 to 22:30, and the drinking alcohol level is 23:03, and the drinking alcohol level is 30 to 2.2 hours after drinking. Thus, it cannot be ruled out that Plaintiff’s blood alcohol level at the time of the drinking alcohol measurement in this case is likely to increase or have increased, and it is difficult to eliminate the possibility of malfunction or malfunction of the drinking measuring machine. Considering that the blood alcohol level at the time of driving in this case is 0.108%, it is difficult to view that the blood alcohol level at the time of driving in this case is 0.10%.2) In light of the fact that the blood alcohol level at the time of driving in this case ought to be responsible for the livelihood of family members claiming the deviation or abuse of discretionary power, the actual risk of revocation of driver’s license is a minor, and the driving distance is not driving distance, the Plaintiff’s discretionary disposition is more disadvantageous than the circumstances or content of this case.

B. Determination 1: (a) the interval between the point of time and the point of time of measuring the blood alcohol level; and (b) the time appears to increase the blood alcohol level, such circumstance alone.

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