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(영문) 전주지방법원 2016.01.15 2015구단516
자동차운전면허취소처분취소
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. The details of the instant disposition and relevant criminal cases, etc.

A. On July 11, 2014, the Plaintiff was a driver of the passenger car quantity in the Switzerland B owned by the Plaintiff. On July 1, 2014, the Plaintiff was found to have driven the said vehicle at a level of 3 km from the Hansan Station in the Chang-dong, the Chang-dong, which was located in the Chang-dong (hereinafter “instant drinking driving”). As a result of the respiratory measurement, the Plaintiff’s blood alcohol concentration was 0.1%, and the blood alcohol concentration measured by blood collection was 0.12%.

3) On July 25, 2014, the Defendant issued a summary order to revoke the Plaintiff’s driver’s license on the instant case. (b) The Jeonju District Court rendered a summary order on the criminal facts that the Plaintiff (hereinafter “Plaintiff” in this paragraph refers to “Defendant” in the relevant criminal case and the “Plaintiff” in this case) was driven under the influence of alcohol level of 0.112% (the blood alcohol level measured through the above blood collection). The Plaintiff claimed formal trial by asserting that it was erroneous in the process of measuring the collection of blood alcohol and filed a request for formal trial by asserting that it had been made with the species of alcohol.

2) On July 8, 2015, the Jeonju District Court recognized the Plaintiff’s blood alcohol concentration as 0.1% as the result of the respiratory measurement, and sentenced the Defendant to a judgment of conviction of a fine of KRW 3 million (the Jeonju District Court 2014 High Court 2014 High Court 523). However, the Plaintiff appealed the appeal. 3) The appellate court, which was the appellate court, declared a judgment dismissing the Plaintiff’s appeal on October 30, 2015 (the Jeonju District Court 2015No989). The judgment became final and conclusive around that time.

The reasons are as follows: (a) The appellate court rejected the Plaintiff’s assertion of mistake of facts and misapprehension of the legal principles as to the drinking alcohol level of 0.1% (the blood alcohol level by the pulmonary measurement) of blood alcohol level;

The result of blood sampling by the defendant (the plaintiff, hereinafter the defendant) is irrelevant to the defendant's negligence.

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