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(영문) 수원지방법원 2018.10.12 2018구단2746
자동차운전면허취소처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. (i) On April 18, 2018, the Plaintiff driven a car of approximately 20 meters on the front road located in C in C at Sin interest, while under the influence of alcohol with a blood alcohol content of at least 0.150%, around 23:53.

B. On May 4, 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 21, 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 June 19, 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 disposition of this case is legitimate, considering the following as a whole: (i) the plaintiff was aware of the fact that he was aware of the fact that he was about the distance from drinking on the day of this case to the house after drinking, and was discovered by the police officer when driving under influence; (ii) the mere driving without an accident; (iii) there was no traffic accident or force of drinking driving for about 25 years; and (iv) the fact that he was in charge of the business related to corporate loans at the bank and his family members need driver's license for the purpose of living, the disposition of

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, the time when a person drives 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 disposition penalty points may be mitigated to 110 points for “a person who is an important means to maintain his family’s livelihood, is engaged in transport service activities for not less than three years at the time of the disposition as an exemplary driver, or who has received an official commendation from the chief of a police station or a person who has received an official commendation from the chief of a police station by causing a traffic accident and arresting an escape driver, and does not meet the specified

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