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(영문) 수원지방법원 2018.09.21 2018구단2418
자동차운전면허취소처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. (i) On January 27, 2018, the Plaintiff driven, at the center of Silung Apartment apartment, approximately KRW 200 meters, prior to the 271 Sil Sil Sil Sil Sil Sil Sil Sil Sil Sil Sil Sil Sil Sil Sil Sil Sil Sil Sil Sil Sil Sil Sil Sil Sil Sil Sil Sil Gulst, while under the influence of alcohol content 03:50% of the blood alcohol content.

B. On February 8, 2018, the Defendant rendered the instant disposition to the Plaintiff on the grounds of Article 93(1)1 of the Road Traffic Act, which revoked the driver’s license (Class I common).

On February 21, 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 May 25, 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 its discretion, considering the following as a whole: (i) whether the instant disposition is legitimate; (ii) the Plaintiff is merely a simple driving without an accident; (iii) there is no traffic accident or force of drinking except minor one violation of laws and regulations for about ten (10) years; (iv) the Plaintiff used a proxy driving in the ordinary school; (v) actively cooperate with the investigation agency; and (v) the fact that the Plaintiff is in charge of management of the schedule of the postponed; and (v) the driver’s license

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, when operating a vehicle in a drunken state (not less than 0.1% of blood alcohol level) shall be determined based on the revocation of the license, and the disposition penalty may be mitigated to 110 points for “a person who is an important means to maintain his family’s livelihood, is engaged in transport service activities for not less than three years at the time of the disposition as an exemplary driver, or who has received an official commendation from the chief of a police station or higher by causing a traffic accident and arresting an escape driver and does not meet the requirements for exclusion.”

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