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(영문) 수원지방법원 2019.10.23 2019구단3005
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 disposition;

A. On October 12, 2017, the Plaintiff acquired a Class 1 ordinary driver’s license (B), and on April 7, 2019, the Plaintiff driven approximately 4 km-packed car volume under the influence of alcohol by 0.13% at the influence of alcohol from the front day of the non-fast distance in the transfer-dong, Suwon-si, Suwon-si to the front day of the Suwon-si, Suwon-si, the Suwon-si, the transfer-dong of Suwon-si to the front day of the Suwon-si (hereinafter “the instant drinking-driving”).

B. On April 26, 2019, the Defendant rendered a disposition to revoke the driver’s license stated in the preceding paragraph (hereinafter “instant disposition”) by applying Article 93(1)1 of the Road Traffic Act to the Plaintiff on the ground of the instant drunk driving (hereinafter “instant disposition”).

C. The Plaintiff appealed and filed an administrative appeal with the Central Administrative Appeals Commission, but was dismissed on July 9, 2019.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 6, Eul evidence 1 to 14, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion that the plaintiff used a usual driving, which caused a traffic accident through the driving of the alcohol in this case, is relatively short, the distance of the driving in this case is considerably low, the possibility and risk of criticism and criticism about the driving in this case, the plaintiff actively cooperates with investigative agencies in relation to the driving in this case, the plaintiff's blood donation activities and receives the school cryp listing, etc., the plaintiff is employed as a member of E-Maa Branch, and the plaintiff must transport and deliver the original and subsidiary materials. The plaintiff is required to commute to and from work about about 22 km, the driver is essential to drive, the plaintiff's wife is receiving an extract and high blood pressure treatment from the hospital, and the mother's mother is under the treatment of the hospital due to acute heart and urology, and the economic difficulty of the parent's support expenses and household debts of 10 million won, etc., and abuse of discretionary authority and disposition in this case are unlawful.

B. Determination 1 sanctions are imposed.

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