logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2019.01.11 2018구단3732
자동차운전면허취소처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. (i) On June 28, 2018, the Plaintiff driven approximately 5 meters in front of the D cafeteria located in C when he/she was aware of the vehicle while under the influence of alcohol of 0.189% by blood alcohol concentration of the Plaintiff around 23:00.

At the time, the plaintiff got back the plaintiff's vehicle and caused physical damage to the victim's vehicle.

B. On July 12, 2018, the Defendant rendered the instant disposition to the Plaintiff on the grounds of Article 93(1)1 of the Road Traffic Act (Class I) to revoke the driver’s license (Class I large).

On July 23, 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 August 21, 2018.

【Facts without dispute over the grounds for recognition, Gap’s evidence 1, 2, Eul’s evidence 4 through 13, the purport of the whole pleadings

2. The Plaintiff asserts that the instant disposition is unlawful since it abused or abused discretion, comprehensively taking into account (i) the legitimacy of the instant disposition, (ii) the fact that the Plaintiff actively cooperated in the police investigation, and (iii) the fact that the Plaintiff is in charge of electrical safety management affairs and requires a driver’s license for family

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 in a drunken state (not less than 0.1% of blood alcohol concentration) shall be determined on the basis of the revocation of the license, and the disposition penalty points shall be mitigated to 110 points for “a person who has been given an official commendation by the chief of a police station or higher for at least three years at the time of the disposition as an exemplary driver, or who has been given an official commendation by the chief of a police station or higher by causing a traffic accident, or who has been given an official commendation by the head of a police station or higher at the time of the disposition as an exemplary driver.” One of the requirements for the exclusion from mitigation, when a person drives a vehicle with a blood alcohol content exceeding 0.12%, the person

arrow