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(영문) 서울행정법원 2020.12.09 2020구단67950
자동차운전면허정지처분취소
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

Details of the disposition

On December 2, 2019, at least 22:30, the Plaintiff, while under the influence of alcohol of 0.098% (the application of the Ramark formula and 0.095% of the respiratory measurement) on the front side of Dongdaemun-gu Seoul, Dongdaemun-gu (hereinafter “victim”), was driven by the victim D (hereinafter “victim”) who was under the influence of driving CM7 vehicle in the front side of CM7 (hereinafter “the instant drunk driving”), and went away without taking measures such as aiding the victim, even though the victim suffered a necessary injury for approximately two weeks of the above SM7’s previous panion treatment (hereinafter “the instant traffic accident”).

On December 25, 2019, the Defendant revoked a driver’s license (class 1, class 2, and class 2) on the ground that “A driver’s license for automobiles (class 1, class 2) was revoked on the ground that “A driver’s license for automobiles (class 1, class 2) was not taken necessary measures, such as aiding and

(hereinafter “instant disposition”). On March 4, 2020, the Plaintiff filed an administrative appeal against the instant disposition, but the Central Administrative Appeals Commission dismissed the Plaintiff’s request for administrative appeal on July 14, 2020.

[Grounds for recognition] The plaintiff asserted the legitimacy of the disposition of this case as to the facts without dispute, Gap Nos. 1, 10 evidence, Eul Nos. 1 and 12, and the purport of the whole pleadings, and the purport of the disposition of this case as to whether the disposition of this case is legitimate, and the plaintiff was committed with the victim after the occurrence of the traffic accident of this case, and it was committed as a house to protect those who cause the occurrence of an accident by believing that the police will harm the dealing

Ultimately, since it cannot be deemed that the Plaintiff had the intention of escape, the instant disposition is unlawful.

The damage of the instant traffic accident is minor, the Plaintiff has agreed with the victim, the Plaintiff has no record of driving alcohol, the police requested the victim to make an unfavorable statement, etc., and the Plaintiff’s children have the disability and move to the hospital.

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