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(영문) 수원지방법원 2018.11.16 2018구단2975
자동차운전면허취소처분취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. (i) On May 4, 2018, the Plaintiff driven a vehicle B arche under the influence of alcohol content of 0.122% at around 05:29 on May 4, 2018, to the roads in front of the distance of the fire station located in the U.S. in the U.S. in the U.S. in the U.S. military, in the vicinity of the building C in the military.

B. On May 15, 2018, the Defendant rendered the instant disposition to the Plaintiff on the grounds of Article 93(1)1 of the Road Traffic Act, which revoked the driver’s license (Class I common).

On May 29, 2018, the Plaintiff appealed against the instant disposition and filed an administrative appeal with the Central Administrative Appeals Commission, but the Central Administrative Appeals Commission dismissed the said request on July 12, 2018.

【Facts without dispute over the grounds for recognition, Gap 1, 2 evidence, Eul 4 through 14, the purport of the whole pleadings

2. The Plaintiff asserts that the instant disposition is unlawful since it abused discretion, considering the following as a whole: (i) whether the instant disposition is legitimate; (ii) only a simple driving without an accident; (iii) there is no traffic accident or alcohol driving force for about five years; (iv) active cooperation with the police investigation; and (v) the fact that the Plaintiff is in office at a small-scale factory located in the Silified Authority and thus requires a driver’s license for commuting and family life

According to Article 93(1)1 of the Luxembourg Road Traffic Act and Article 91(1)28 of the Enforcement Rule of the same Act, when operating under the influence of alcohol (not less than 0.1% of blood alcohol concentration) shall be determined based on the revocation of the license, and the disposal penalty points shall be mitigated to 110 points for “a person who has been given an official commendation by the chief of a police station or higher for at least three years at the time of the disposition as an exemplary driver, or who has been given an official commendation by the chief of a police station or higher by causing a traffic accident, or who has been given an official commendation by the head of a police station or higher at the time of the disposition as an exemplary driver.” One of the requirements for the exclusion from mitigation, when operating under the influence of alcohol exceeding 0.12%.

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