logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2020.07.03 2020구단1470
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 December 5, 2005, the Plaintiff driven a motor vehicle while under the influence of alcohol 0.066% of alcohol level.

B. After that, on December 17, 2019, the Plaintiff, while under the influence of alcohol at 0.069% of alcohol level around 22:21 on December 17, 2019, driven a B low-speed car, and 2 km from the front day of the Suwon-si Suwon-si C to the front day of the same D apartment.

C. On December 28, 2019, the Defendant issued a disposition revoking each driver’s license stated in the purport of the claim against the Plaintiff (hereinafter “instant disposition”) on the ground that the Plaintiff had been driving under the influence of alcohol again.

The Plaintiff appealed against the instant disposition and filed an administrative appeal, but the Central Administrative Appeals Commission dismissed the Plaintiff’s request for administrative appeal on February 21, 2020.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3, Eul evidence 1 to 11, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. In light of the purport of the Plaintiff’s assertion that no personal or material damage has occurred due to the Plaintiff’s drunk driving, and the distance of driving is relatively short, the Plaintiff’s self-driving will not drive under the influence of alcohol again, and the Plaintiff is currently employed as a crick engineer, and currently is seeking to resign from the company. When the Plaintiff’s driver’s license is revoked, it is practically impossible to seek a new workplace upon the cancellation of the license, and the Plaintiff’s disposition in the instant case is against the Plaintiff’s abuse of discretionary authority because it is too harsh to the Plaintiff, and thus, it should be revoked.

B. The proviso of Article 93(1) of the Road Traffic Act and Article 93(1)2 of the same Act stipulate that the driver of a motor vehicle who drives a motor vehicle under the influence of alcohol shall revoke the driver’s license in a case where the person who drives the motor vehicle

As seen earlier, the Plaintiff is once again under the influence of alcohol driving.

arrow