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(영문) 의정부지방법원 2020.07.20 2020구단716
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 January 6, 200, the Plaintiff acquired a driver’s license (class 1 common), and was discovered while driving under the influence of alcohol 0.158% on November 19, 2008, and revoked the driver’s license on December 29, 2008, and acquired the driver’s license (class 2 common) on August 23, 2009.

B. On December 7, 2019, the Plaintiff, while under the influence of alcohol at 00:15% of blood alcohol concentration, driven a 500-meter distance from the C Station adjacent to the C Station located in Yongsan-gu, U.S. to the E-ray located in D (hereinafter “instant drunk driving”).

C. On January 3, 2020, the Defendant revoked the Plaintiff’s driver’s license on the ground of the instant drinking driving.

(hereinafter “instant disposition”) D.

On February 3, 2020, the Plaintiff appealed against the instant disposition and filed an administrative appeal with the Central Administrative Appeals Commission, but the Plaintiff filed an administrative appeal.

3. The dismissal was 10.0

[Identification Evidence: Evidence No. 1 to 4, Evidence No. 1 to 11]

2. Whether the instant disposition is lawful

A. In light of the fact that the Plaintiff’s alleged mobile distance is relatively short and there is no personal or material injury caused by the instant drunk driving, the use of a usual driving and active cooperation with the police investigation, and the nature of the technical business, which requires a driver’s license absolutely and the need for family support, etc., the instant disposition is deemed to have exceeded the scope of discretion or abused discretionary power.

(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;

Article 93 (Revocation and Suspension of Driver's License) (1) The commissioner of a district police agency shall exclude student licenses.

(c).

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