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(영문) 청주지방법원 2017.12.14 2017구합690
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 21, 2006, the Plaintiff was under the influence of alcohol level 0.074% and was subject to a disposition of driver’s license suspension. On December 7, 2010, the Plaintiff was under the influence of alcohol level 0.05% and was subject to a disposition of driver’s license suspension.

B. On May 20, 2017, at around 22:17, the Plaintiff, who was under the influence of alcohol concentration of 0.077% in the forepart of the Korea Gas Safety Corporation, was under the influence of alcohol level in the forepart of the Korea Gas Safety Corporation.

(hereinafter referred to as 'the drinking driving' of this case. (c)

Accordingly, on May 29, 2017, the Defendant issued a disposition to revoke the Plaintiff’s license for Class 1, Class 1, and Class 2 of the former Road Traffic Act (amended by Act No. 14839, Jul. 26, 2017; hereinafter “former Road Traffic Act”) pursuant to Article 93(1)2 of the former Road Traffic Act on the ground that the Plaintiff had driven a drinking motor vehicle on at least three occasions (hereinafter “instant disposition”).

[Reasons for Recognition] Facts without dispute, entry in Eul evidence Nos. 1, 2, 5, 11 through 14 (including virtual numbers), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. In light of the fact that there was no personal or material injury to others alleged by the Plaintiff, the Plaintiff used a vicarious driving at ordinary times of driving under the influence of alcohol, and the Plaintiff was not a substitute driver even after the lapse, and thus, there is a low possibility of criticism as being moving the vehicle under the circumstances where the risk of vehicle movement or damage to others is significantly low. The blood alcohol content at the time of driving under the influence of alcohol in the instant case is lower than 0.100%, which is the criteria for the revocation of the driver’s license, as the blood alcohol content at the time of driving under the influence of alcohol in the instant case, is lower than 0.07%, which is the criteria for the revocation of the driver’s license, active cooperation in police investigations, the Plaintiff’s driver’s license is in need of the duty, and is in a situation where it is economically difficult to support, and it is against the depth.

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