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(영문) 서울행정법원 2021.02.17 2020구단62290
자동차운전면허취소처분취소
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

Details of the disposition

On November 17, 2019, around 02:35, the Plaintiff, while under the influence of alcohol level of 0.105% (the application of the dmark formula and 0.098% as to respiratory measurement) on the front side of Seodaemun-gu Seoul, Seodaemun-gu B, Seoul, 2019, driven the back part of the Katoba, which was stopped pursuant to the new subparagraph of the stop at the front side of the Kaba (hereinafter “driving of this case”). On December 23, 2019, the Defendant caused the instant traffic accident with one person among the driving of the instant drinking on the front side of the Kaba (hereinafter “instant traffic accident”).

“For the reason that the Plaintiff’s driver’s license (Class 1 large towing vehicles, Class 2 large towing vehicles, Class 2 small vehicles, and Class 2 small vehicles) was revoked (hereinafter “instant disposition”). The prosecutor of the Seoul Central District Public Prosecutor’s Office is insufficient to recognize on May 27, 2020 that the Plaintiff was injured by the driver of the Obane due to the instant traffic accident.

“On the ground of the violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) rendered a disposition of lack of evidence.

The defendant is above C.

On June 19, 2020, the Plaintiff revoked the Plaintiff’s driver’s license (hereinafter “instant disposition”). On June 25, 2020, the Seoul Western District Court revoked the Plaintiff’s driver’s license (Class 1 large towing vehicles, Class 2 ordinary vehicles, and Class 2 small vehicles) on the ground of “driving of the instant drinking” (hereinafter “instant disposition”). On June 25, 2020, the Seoul Western District Court driven the Plaintiff with a alcohol level of 0.095% in alcohol level on the front of the Seoul Seo-gu Seoul Western District Court around November 17, 2019.

“The appellate court rendered a fine of KRW 5 million in relation to the facts constituting the crime (2020 order 381). Meanwhile, on December 7, 2020, the Seoul Western District Court rendered a judgment of the lower court as to the above facts constituting the crime to the Plaintiff on December 7, 2020. The said judgment of the appellate court became final and conclusive on December 15, 2020 (hereinafter “related matters”).

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