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(영문) 청주지방법원 2017.05.11 2017구합1341
자동차운전면허취소처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On January 30, 2017, the Defendant issued a disposition revoking the Plaintiff’s first-class ordinary driving license (hereinafter “instant disposition”) pursuant to Article 93(1)1 of the Road Traffic Act on February 21, 2017, on the ground that the Plaintiff driven D’s low-class ordinary driving license (hereinafter “instant vehicle”) while under the influence of alcohol level of 0.149% on the front of the Cmaart located in Seo-gu, Seo-gu, Seo-gu, Seog-si. B.

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

2. Whether the instant disposition is lawful

A. The Plaintiff cannot be deemed to have had the intent to drive a drunk, considering the fact that the said vehicle just 5 meters left without a light while carrying the string of the instant vehicle with the Plaintiff’s assertiond driver, leaving the string, and leaving the string without a light, and there was no reason to move the vehicle subsequent to the vehicle at the time, while the patrol vehicle waiting to turn on light light.

In addition, considering the situation and distance of drinking driving, and the fact that the driver's license is needed to maintain a livelihood, the disposition of this case in violation of the principle of proportionality is illegal and thus should be revoked.

(b) The details of the relevant statutes are as shown in the attached statutes.

C. Determination 1: (a) whether to recognize the intention of driving under the influence of alcohol; (b) the description of Eul No. 15; and (c) the result of the examination of the video CD by this court’s black boxes and the overall purport of the pleadings as follows; (c) the place where the instant vehicle was parked is not a place where it is possible to drive, but the said vehicle must operate the crum in order to convert the vehicle into the driver’s seat of the motor vehicle with the motor vehicle with the motor vehicle with the motor vehicle with the motor vehicle without the motor vehicle driving; (d) the crum was operated between approximately 40 seconds immediately before departure and the brake again after the movement of 5m.

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