logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2019.12.18 2019구단3753
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. The Plaintiff acquired a Class II ordinary driver’s license on September 7, 199. However, on July 31, 2004, the Plaintiff was revoked the driver’s license on the sole driving (0.132% of blood alcohol level). On February 1, 2006, the Plaintiff acquired Class I ordinary driver’s license on February 1, 2006, and on May 14, 2019, around 02:50, while under the influence of alcohol level 0.217% ( blood collection) from the front side of Busan Jin-gu, Busan to the front side of the same Gu D, the Plaintiff was driving approximately KRW 30 meters of blood alcohol level (hereinafter “the instant drinking driving”).

B. On June 11, 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 August 29, 2019.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 7, Eul evidence 1 to 13, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff alleged that the plaintiff used a usual driving, and tried to use a substitute driving immediately before the driving of the pertinent drinking, and the plaintiff did not cause a traffic accident through the pertinent drinking driving, and the possibility of criticism and danger about the pertinent drinking driving, the plaintiff actively cooperates with and reflects with an investigative agency about the pertinent drinking driving, the plaintiff operates the 7 year convenience store, and from August 2018, he concurrently operates the business in the Busan Patent Office located in Busan, which is operated by the friendship-gu. The residence is located in Pyeongtaek-si, and the main activity area needs to move long distance by Busan, Chang-si, Kimhae-si, etc. Therefore, the driver's license is essential, and the plaintiff must support his spouse and two children, and is economically difficult, such as household debts.

arrow