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(영문) 의정부지방법원 2017.12.27 2017구단5377
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 March 31, 2017, the Defendant revoked the Plaintiff’s license to drive a motor vehicle stated in the purport of the claim on the ground that “the Plaintiff was under the influence of alcohol at around 23:27 on March 2, 2017 and was under the influence of alcohol at least 0.083%.”

(hereinafter “instant disposition”). (b)

On May 11, 2017, the Plaintiff appealed and filed an administrative appeal with the Central Administrative Appeals Commission, but the Central Administrative Appeals Commission dismissed the appeal on July 11, 2017.

C. Meanwhile, on the other hand, the Plaintiff was under the influence of alcohol with a blood alcohol content of 0.092% on January 23, 201, and 0.063% on October 27, 201, and was under the influence of alcohol with a blood alcohol content of 0.063% on October 27, 201, and was under the control two times prior to that.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 to 15, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that the Plaintiff had a substitute driver drive on a duct, and the Plaintiff demanded that a substitute driver drive the vehicle even on the wall side so that it does not interfere with the passage of the vehicle in parking ductal trees after having arrived at the house of multi-household housing. However, the instant disposition that did not consider such circumstances is unlawful by abusing and abusing discretion.

(b) Article 44 of the Road Traffic Act (amended by Act No. 14839, Jul. 26, 2017) (1) No person shall drive any motor vehicle, etc. under the influence of alcohol (including construction machinery other than construction machinery provided for in the proviso to Article 26 (1) of the Construction Machinery Management Act; hereafter the same shall apply in this Article and Articles 45, 47, 93 (1) 1 through 4 and 148-2);

Article 93 (Revocation and Suspension of Driver's License) (1) The commissioner of a district police agency shall exclude student licenses.

(b).

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