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(영문) 서울고등법원 2019.09.05 2019누39897
자동차운전면허취소처분취소
Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. On February 12, 2018, at around 17:30, the Plaintiff: (a) left the scene of the accident without any personal information provided to the victim while driving the B Truck (hereinafter “instant truck”); (b) obtained the penalty points of 15; (c) with the penalty points of 10; and (d) with the penalty points of 25 points due to the violation of the duty of personal information provision due to the breach of the duty of safety driving.

B. On March 28, 2018, the Plaintiff driving the instant cargo vehicle at around 16:41, while under the influence of alcohol by 0.068%, and driving approximately approximately 200 meters from the dry field from the Gyeonggicheon-gun Cpion field to E-way located in D, under the influence of alcohol concentration of 0.068%.

As a result of detection, given 10 points of penalty points.

C. On April 24, 2018, the Defendant revoked the Plaintiff’s driver’s license as of May 17, 2018 pursuant to Article 93(2) of the Road Traffic Act on the ground that the accumulated points of the Plaintiff’s score for one year constitutes at least 121 points, which are the criteria for revocation of the driver’s license.

(hereinafter "Disposition in this case"). 【No dispute exists, Gap evidence Nos. 1, 8, 9, 11, Eul evidence Nos. 1 through 4, and 7 through 11, and the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. The gist of the Plaintiff’s assertion is that the Plaintiff and the Plaintiff’s wife are 80 senior citizens, and it is difficult for the Plaintiff and the Plaintiff’s wife to go to the public health clinic by means of public transportation in the Socheon-gun F, which is necessary for their movement because they are not good, and it is difficult for the Plaintiff to operate an agricultural business without driving a vehicle on account of the Plaintiff’s farmland located far away from about 3km at his domicile. The Plaintiff’s total score is an important means to maintain the Plaintiff’s family’s livelihood. The Plaintiff’s total score is more than 125 points exceeding 4 points from 121 points, which is the criteria for cancellation of the driver’s license, and it is not subject to the imposition of penalty points before 2018. If the instant disposition is revoked, it is unlawful that the Plaintiff’s re-acquisition of the driver’s license

(b) relevant legislation;

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