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(영문) 수원지방법원 2016.03.04 2015구단3267
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 February 20, 2004, the Plaintiff acquired and driven Class 2 ordinary car driving license (B) on July 22, 2015, while under the influence of 0.076% of blood alcohol on July 22, 2015, the Plaintiff was found to have driven a car of Csch Rexn to approximately 5 meters on the street in front of the gallonal gallon in Manyang-gu, Manyang-gu, Sallongalian, and was exposed to the crackdown on drunk driving.

B. On February 20, 2004, the Defendant issued the instant disposition revoking the above driver’s license pursuant to Article 93(1)2 of the Road Traffic Act on July 16, 2015, on the ground that the Plaintiff was engaged in driving under the influence of alcohol at 0.075%, and on May 20, 2014, 0.068% of blood alcohol level at 0.068% of alcohol level at 0.068%.

C. The Plaintiff filed an administrative appeal on September 21, 2015, but was dismissed on November 3, 2015.

【Reasons for Recognition】 Each entry in the evidence Nos. 4, 5, and 12, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion was about to start driving on his behalf at the time, but it was merely about a 5-meter shift due to the difficulty of explaining the position of the proxy engineer, and there was no accident in the process. The Plaintiff’s revocation of the driver’s license due to the characteristics of the Plaintiff’s work, which is essential to drive, is bound to leave the workplace, and if so, the Plaintiff’s disposition in this case constitutes a case where the Plaintiff abused or abused discretion because it is too harsh to the Plaintiff, thereby making it difficult for him to support his family.

B. Article 93 (1) 2 of the Road Traffic Act provides that when a person who has violated the drinking driving two or more times again falls under the grounds for the suspension of the driver's license due to the drinking driving, the commissioner of the competent district police agency must revoke the driver's license. In the case of this case, the act of driving under the influence of discretion is an act of driving under the influence of driving under the influence of two times prior to this case.

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