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(영문) 의정부지방법원 2020.07.06 2020구단754
자동차운전면허취소처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of disposition;

A. The Plaintiff acquired a driver’s license (class 1 common) on October 10, 200.

B. On December 13, 2019, at around 01:44, the Plaintiff was under the influence of alcohol by 0.101%, and was driving a EXE car at a distance of about 1.5 km from the parking lot of Seoul, Gangnam-gu Seoul to the front road of C (hereinafter “instant drinking driving”). A car driven at the next lane while changing the vehicle line was driven.

C. On January 22, 2020, the Defendant revoked the Plaintiff’s driver’s license on the ground of the instant drinking driving.

(hereinafter “instant disposition”) D.

On February 13, 2020, the Plaintiff dissatisfied with the instant disposition and filed an administrative appeal with the Central Administrative Appeals Commission, but filed an administrative appeal with the Central Administrative Appeals Commission

4. The dismissal was 14.

[Identification Evidence: Evidence No. 1 to 4, Evidence No. 1 to 13]

2. Whether the instant disposition is lawful

A. In light of the following circumstances: (a) the Plaintiff’s assertion relatively short and minor mobile distance caused a relatively short and minor accident; (b) the agreement was reached between the victim and the Plaintiff; (c) the exemplary driving for about twenty (20) years after obtaining the driver’s license; (d) the use of a flat agency driving; and (e) the active cooperation was made by the police investigation; and (e) the driving license is absolutely necessary due to the work distance on the 35km and the need for family support; and (e) the instant disposition was abused by exceeding the scope of discretionary authority or by

(b) No one shall drive a motor vehicle, etc. (including construction machinery other than construction machinery provided for in the proviso to Article 26 (1) of the Construction Machinery Management Act; hereafter the same shall apply in this Article and Articles 45, 47, 93 (1) 1 through 4, and 148-2), tram, or bicycle while under the influence of alcohol;

(1) A commissioner of a district police agency shall ensure that a person who has obtained a driver's license (excluding student licenses; hereafter the same shall apply in this Article) falls under any of the following subparagraphs:

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