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(영문) 수원지방법원 2020.11.20 2020구단8068
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 November 17, 2019, at around 22:14, the Plaintiff: (a) driven a B car; (b) 200 meters from the front of the “Dcafeteria” road located in Gwangju City to the front road; and (c) the police officer called up upon receiving a report on a drunk driving following the report on a drunk driving; (d) requested the Plaintiff to conduct a alcohol alcohol test on the grounds that the Plaintiff was deemed to have driven a motor vehicle while under the influence of alcohol, such as the Plaintiff, the police officer, who was called up upon receiving the report on a drunk driving, is inaccurate and inaccurate, and the distance is so big that he was under the influence of alcohol;

B. On March 25, 2020, the Defendant issued a disposition to revoke the Plaintiff’s driver’s license for Class I large, Class I ordinary, and Class II motor vehicles (hereinafter “instant disposition”).

C. The Plaintiff filed an administrative appeal against the instant disposition, but the Central Administrative Appeals Commission dismissed the Plaintiff’s request for administrative appeal on June 2, 2020.

[Ground of recognition] Facts without dispute, Gap evidence 4, Eul evidence 1 to 15, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The summary of the Plaintiff’s assertion 1) The non-existence of the grounds for disposition is the fact that the Plaintiff was drinking 1 residues of the drinking alcohol among the meal tools, but there was no fact that the Plaintiff driven the drinking alcohol while under the influence of alcohol, and even if the regulating police officer inspected the drinking alcohol, there was no circumstance that the Plaintiff was driving a motor vehicle under the influence of alcohol. In addition, the Plaintiff requested a police officer to measure the drinking alcohol level again at the time of drinking-free test even though the Plaintiff did not have a drinking alcohol level, and raised an objection thereto, and there was no express refusal to measure the drinking alcohol level. 2) Since the Plaintiff acquired the driver’s license, there was no history of causing a traffic accident for about 27 years or of driving under the influence of alcohol.

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