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(영문) 수원지방법원 2021.02.19 2020구단10061
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 April 6, 2014, the Plaintiff driven a motor vehicle under the influence of alcohol level of 0.126% in blood.

B. Thereafter, on July 26, 2020, the Plaintiff, while under the influence of alcohol level of 0.034% among blood transfusion around 10:22 on July 26, 2020, driven Bran-do, and 14 km from the front day of Ansan-si member C to the front day of the Seocho-do 2202 Sinsi-si, Ansan-si.

(c)

On August 7, 2020, the Defendant issued a disposition to revoke the Plaintiff’s Class 1 ordinary and Class 2 ordinary driver’s license (hereinafter “the instant disposition”) on August 7, 2020, on the ground that the Plaintiff was driving again under the influence of drinking.

(d)

The Plaintiff filed an administrative appeal against the instant disposition, but the Central Administrative Appeals Commission dismissed the Plaintiff’s administrative appeal on October 27, 2020.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 2, 3, 10 through 15, Eul evidence Nos. 1 through 11, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The gist of the Plaintiff’s assertion is that the Plaintiff was able to drive alcohol at a 13-hour speed or past time from the time when the Plaintiff was able to drive alcohol, and that there was no intention to drive alcohol, and that there was no personal physical damage due to the Plaintiff’s drinking, and that there was no personal damage. The Plaintiff is in charge of the Plaintiff’s duties by taking advantage of a stuff in the d Co., Ltd., D Co., Ltd.’s Logistics Team with paper cup, instant World Cup, containers, etc., and there was no way to maintain livelihood upon the cancellation of the driver’s license. In light of the fact that the Plaintiff must support the spouse and pay back the loan principle, and that the Plaintiff’s health is not good, the instant disposition should be revoked because it constitutes an unlawful act that deviates from discretionary power by excessively abusing the Plaintiff.

B. Determination on Road Traffic Act;

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