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(영문) 서울행정법원 2021.02.17 2020구단20784
자동차운전면허취소처분취소
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

Details of the disposition

On July 21, 2006, the Plaintiff had the power to drive a vehicle while under the influence of alcohol 0.135%.

On September 9, 2020, at around 00:15, the Plaintiff driven a CKan-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn

For the reason that “the instant disposition” was rendered pursuant to Article 93(1)2 of the former Road Traffic Act (amended by Act No. 17371, Jun. 9, 2020; hereinafter the same), to revoke the Plaintiff’s driver’s license (class 1 ordinary) (hereinafter “instant disposition”). The Plaintiff dissatisfied with the instant disposition and filed an administrative appeal with the Central Administrative Appeals Commission on October 23, 2020, but was dismissed on November 27, 2020.

[Grounds for recognition] In light of the facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 6, Eul evidence Nos. 1 through 6, Eul's overall purport of the argument as to legitimacy of the disposition of this case, the plaintiff's traffic accident did not occur due to the plaintiff's assertion as to legitimacy of the disposition of this case, the distance of driving of this case is limited to 3 km, the plaintiff's vehicle's driver's license is necessary to perform various duties such as building management and cleaning, and the delivery of gate gate clothes, and the driver is an important means to maintain family's livelihood, and the disposition of this case faces economic difficulties, the disposition of this case is unlawful since it deviatess from and abused

Judgment

Article 93 (1) 2 of the former Road Traffic Act provides that the driver's license shall be revoked in cases where a person who drives a motor vehicle while under the influence of alcohol drives a motor vehicle while under the influence of alcohol and falls under the grounds for the suspension of the driver's license.

“.......”

According to the language and text of the above provision, the Commissioner General of the National Police Agency shall make two times.

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