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(영문) 인천지방법원 2019.10.15 2019구단1019
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 December 22, 2003, the Plaintiff violated the prohibition of driving under the influence of alcohol by driving a motor vehicle under the influence of alcohol with the blood alcohol concentration of 0.122% on December 26, 2004, with the blood alcohol concentration of 0.08% on December 26, 2004, and 0.096% on October 28, 2008.

B. On March 19, 2019, the Plaintiff driven B vehicles while under the influence of alcohol with a blood alcohol concentration of 0.07% around 05:33.

C. Accordingly, on April 18, 2019, by applying Article 93(1)2 of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018; hereinafter the same), the Defendant issued a notice of revocation of the driver’s license (class 1 common) to the Plaintiff on the ground of “driving on at least three occasions”

hereinafter referred to as "disposition of this case"

(D) The Plaintiff filed an administrative appeal against the instant disposition, and the Central Administrative Appeals Commission rendered a ruling dismissing the said claim on June 27, 2019. [Grounds for recognition] Nos. 1 through 4, Eul’s evidence Nos. 1 through 12, and the purport of the entire pleadings and arguments.

2. Whether the disposition is lawful;

A. In light of the fact that the Plaintiff’s driver gets home after completing the drinking place prior to the Plaintiff’s argument and was able to take a night in order to board the vehicle, and as such, the Plaintiff committed an abuse of discretionary power by excessive disadvantages to the Plaintiff’s disadvantage that is infringed on the public interest to achieve the instant disposition, and thus, constitutes an abuse of discretionary power, by taking account of the following: (a) there is no physical or physical injury as there is no interference with traffic flow or there is no traffic accident; (b) the driving by drinking driving has been used as a usual driving; (c) actively cooperates with the detection of detection, such as confession and reflect; (d) the driver’s license is absolutely necessary as a free-time lecturer; and (e) there is difficulty in maintaining livelihood, family support, marriage preparation, and redemption

B. The proviso of Article 93(1)2 of the former Road Traffic Act (amended by Act No. 93(1)) is applicable to a person under the influence of alcohol and under the influence of alcohol.

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