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(영문) 부산지방법원 2020.03.04 2020구단64
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 September 24, 2019, at around 22:00, the Plaintiff driven a D vehicle under the influence of alcohol with a blood alcohol concentration of 0.039% on the front of the Cridge located in Busan Western Island B.

(hereinafter referred to as “dacting driving of this case”). B.

On December 24, 2003, the plaintiff was found to have been driving at 0.107% of alcohol concentration in blood around 01:39.

C. On October 18, 2019, the Defendant issued a disposition revoking Class 1 and Class 1 ordinary drivers’ licenses pursuant to Article 93(1)2 of the Road Traffic Act (hereinafter “instant disposition”) to the Plaintiff on the ground that the Plaintiff constitutes a person who driven a second or higher drinking due to the instant drunk driving.

On October 24, 2019, the Plaintiff filed an administrative appeal seeking revocation of the instant disposition with the Central Administrative Appeals Commission, but the said claim was dismissed on December 3, 2019.

[Ground of recognition] Facts without any dispute, Gap's 1, 2, and Eul's 1 through 4 (including a number; hereinafter the same shall apply)

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that the Plaintiff did not waiting to drive on his behalf at the time of the instant case, thereby bringing women's school fees to the house, which led to the instant drinking driving.

Since the Plaintiff, after obtaining a first class driver's license in 2009, supports three children by driving a truck or working as an employee of a logistics company, the Plaintiff's livelihood of the Plaintiff and the Plaintiff's family members is at risk if the instant disposition is maintained.

The plaintiff acquired a driver's license again in 2005 after the driver's license was revoked due to drinking driving in 2003, and did not drive until the time of the driving of this case. The plaintiff's revocation of the first-class large driver's license and the first-class driver's license for driving in 2003, and it is too harsh for the plaintiff to prevent the driver from driving for the second-year disqualified period.

Considering these circumstances, the instant disposition is taken.

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