(영문) 서울행정법원 2017.01.18 2016구단66646

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울행정법원 2017.01.18 2016구단66646

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 November 11, 1997, the Plaintiff acquired a Class-I ordinary driver’s license, and was subject to the disposition of the suspension of each driver’s license on December 15, 2001 for drinking (0.086% of blood alcohol level) and October 26, 201 for drinking (0.079% of blood alcohol level).

B. On May 16, 2016, the Plaintiff’s blood alcohol concentration was 0.061% measured by the Plaintiff’s blood alcohol concentration as a result of the blood collection measurement.

(hereinafter referred to as “drinking driving of this case”).

On June 23, 2016, the Defendant rendered a disposition revoking the Plaintiff’s driver’s license (hereinafter “instant disposition”) pursuant to Article 93(1)2 of the Road Traffic Act on the ground that the Plaintiff had driven under influence on at least three occasions.

The Plaintiff dissatisfied with the instant disposition and filed an administrative appeal on July 21, 2016, but the Central Administrative Appeals Commission rendered a ruling dismissing the Plaintiff’s claim on September 30, 2016.

[Ground of recognition] The fact that there is no dispute, Gap's Nos. 1, 4, 5 and Eul's Nos. 1, 2, 3, 4, 5, 6, 10 (including paper numbers, hereinafter the same shall apply) and the purport of the whole pleadings

2. The plaintiff's assertion and relevant statutes

A. The summary of the Plaintiff’s assertion 1) The Plaintiff’s blood alcohol level was 0.050% of the Plaintiff’s blood alcohol level as a result of the breath measurement at the time of the instant breath test, but the Plaintiff’s blood alcohol level was 0.050% of the water at that time, and thus, it can be said that the blood alcohol level was 0.061% of the blood alcohol level as a result of the measurement of blood collection, but the blood alcohol level was 0.061% of the blood alcohol level at the time of the instant breath test, but the time of blood alcohol level was 0.050% since the final breathy was 90 minutes from the final breathy, and thus, the Plaintiff’s blood alcohol level was less than 0.050% at the time of the instant breath test.

참조조문

-도로교통법 제93조 제1항 제2호

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