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(영문) 수원지방법원 2018.06.20 2018구단1545
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. After acquiring a Class II ordinary driver’s license on July 1, 2009, the Plaintiff was subject to the revocation of the driver’s license on September 8, 2015 while driving under the influence of alcohol 0.146%. On November 3, 2016, the Plaintiff again acquired a Class II ordinary driver’s license (B) on November 3, 2016. On December 2, 2017, the Plaintiff was under the influence of alcohol 0.127% from the D Center in Seo-gu, Seo-gu, Gwangju-gu, Gwangju to drive approximately 1 km in the volume of the Fwork rental car from the D Center in Seo-gu, Gwangju-gu, to the E apartment.

Traffic signal was controlled in violation of traffic signal.

B. On December 18, 2017, the Defendant rendered a disposition to revoke the driver’s license as of January 17, 2018, by applying Article 93(1)1 of the Road Traffic Act due to the drunk driving as stated in the preceding paragraph to the Plaintiff (hereinafter “instant disposition”).

C. The Plaintiff appealed and filed an administrative appeal with the Central Administrative Appeals Commission, but was dismissed on March 20, 2018.

[Ground of recognition] Facts without dispute, Gap's 1, 2, 3, 5 evidence, Eul's 1 to 13, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion that the Plaintiff did not cause a traffic accident through the instant drinking alcohol driving, and that the Plaintiff used the ordinary driving, and that the Plaintiff as the head of GH branch, GH branch, must move at 2 to 2-4 hours a day in order to teach the sports of childcare centers and kindergarten students, such as Gwangju, Young-si, Naju, and Naju, so it is essential to drive. As the instant disposition prevents the operation of the said branch due to the instant disposition, and thus, the head of the team of the said branch must resign from the class hours. The Plaintiff married on March 2017 and experienced economic difficulties due to loans, etc., the Plaintiff was married, and the blood alcohol concentration was minor at the time of the instant drinking alcohol driving, and the Plaintiff actively cooperate with the investigative agency and reflects the fact that the instant disposition is in violation of law of abuse of discretion and abuse of discretion.

(b) judgment 1 sanctions.

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