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(영문) 수원지방법원 2019.04.03 2019구단365
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 January 20, 2003, the Plaintiff acquired a Class II motorcycle driver’s license, Class II driver’s license on October 8, 2004, Class I driver’s license on January 12, 2005, and was revoked on August 12, 2007 by driving during the administrative disposition period, and again acquired Class II driver’s license (B) on October 19, 2009. On February 22, 2014, the Plaintiff was revoked by causing a traffic accident that causes physical damage due to driving under the influence of alcohol (0.149%).

On July 15, 2014, the Plaintiff was revoked by type of driver's license, and obtained Class I driver's license on May 9, 2015.

B. On August 11, 2018, at around 00:05, the Plaintiff, while under the influence of alcohol from the D cafeteria located in Suwon-si, Suwon-si, to the Ethym of the same Si/Gu, caused a traffic accident that shoots the part of the victim I owned by the victim I, by neglecting the duty of Jeonju, driving approximately 2 km of F Tro XG passenger cars at approximately 0.128% ( blood collection appraisal) (hereinafter “instant drinking driving”).

C. On September 21, 2018, the Defendant rendered a disposition to revoke the Plaintiff’s driver’s license under Article 93(1)1 of the Road Traffic Act due to the instant drunk driving (hereinafter “instant disposition”). D.

The plaintiff appealed against this and filed an administrative appeal with the Central Administrative Appeals Commission, but was dismissed on November 6, 2018.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3, Eul evidence 1 to 17, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion 1) illegality of the revocation of the Class II driver’s license (Chapter 1) is unlawful for the Plaintiff to revoke the Class II driver’s license, which is irrelevant to the Plaintiff’s driving of FTXG at the time of the instant driving.

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