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(영문) 수원지방법원 2015.03.20 2014구단4621
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 instant disposition

A. On February 10, 2012, the Plaintiff acquired and operated a Class 2 ordinary car driving license (B) on February 10, 2012. On June 13, 2014, the Plaintiff: (a) around 22:50 on June 13, 2014, while under the influence of alcohol alcohol, and (b) around 7 kilometers of approximately 7 kilometers from Sincheon-dong New ICck-dong, Sinung-dong, Sinung-dong, Sinung-dong, to the crosssection, caused an accident where the Plaintiff was able to shock the central separation zone.

B. Accordingly, the Defendant requested the emergency room of the hospital to comply with a drinking test on three occasions on the grounds that there are reasonable grounds to believe that the Plaintiff, who was sent to the hospital after the accident, was driven while under the influence of alcohol in the course of investigating a traffic accident. However, the Plaintiff did not comply with the request for a drinking test without justifiable grounds.

C. Accordingly, on July 24, 2014, the Defendant rendered the instant disposition revoking the Plaintiff’s driver’s license pursuant to the proviso of Article 93(1) and Articles 93(3) and 44(2) of the Road Traffic Act, and Article 91(1) [Attachment 28] of the Enforcement Rule of the Road Traffic Act.

On August 20, 2014, the Plaintiff filed an administrative appeal with the Central Administrative Appeals Commission on the instant disposition, but was dismissed on September 30, 2014.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, Eul evidence 8 and 9

2. Whether the instant disposition is lawful

A. The plaintiff's assertion that the defendant did not recover the consciousness of the plaintiff as a traffic accident, and caused the police officer to refuse to take a drinking test without gathering it, and caused the plaintiff to refuse to take a drinking test. The plaintiff was taking the body-oriented mental stability system for a long time, and even on the day of the accident, the plaintiff was driving while driving the motor vehicle while driving the motor vehicle under the influence of drinking the drug. The plaintiff must move a long distance and needs a driver's license for living, and if the driver's license is revoked, it is difficult to maintain the plaintiff's and the plaintiff's family's livelihood.

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