(영문) 수원지방법원 2019.02.20 2018구단4599

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(영문) 수원지방법원 2019.02.20 2018구단4599

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 May 22, 2003, the Plaintiff obtained a Class-I ordinary driver’s license on May 22, 2003, but was subject to a disposition to suspend a driver’s license by driving under the influence of alcohol level 0.067% on August 9, 2008. On January 17, 2016, the Plaintiff was subject to a disposition to revoke a driver’s license by driving under the influence of alcohol level 0.106%.

B. On March 3, 2017, the Plaintiff acquired a Class II ordinary driver’s license (B) and on August 25, 2018, around 00:15, the Plaintiff controlled DSS5’s vehicle volume by approximately 2 km driving (hereinafter “instant drunk driving”) under the influence of alcohol level of 0.06% from the Do in front of the Sejong-dong, Busan-si, to the front day of the Osan-si, Osan-si, the alcohol level of which is 0.06%.

C. On September 12, 2018, the Defendant issued a disposition to revoke the driver’s license as stated in the preceding paragraph (hereinafter “instant disposition”) by applying Article 93(1)2 of the Road Traffic Act on the ground of the instant drunk driving, which falls under the third time as stated in the preceding paragraph.

The plaintiff appealed against this and filed an administrative appeal with the Central Administrative Appeals Commission, but was dismissed on November 6, 2018.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 5, Eul evidence 1 to 12, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion that the plaintiff did not cause a traffic accident through the drinking driving of this case; the plaintiff used the ordinary driving; the plaintiff's blood alcohol concentration is minor at the time of the driving of this case; the possibility and risk of criticism about the drinking driving of this case; the plaintiff has been exemplary driving for 12 years; the plaintiff is in charge of the business as the team leader of the FF, and the plaintiff is in charge of the business, and it is necessary to find a customer across the country; the plaintiff actively cooperates with and reflected in the investigation agency about the drinking driving of this case; and the plaintiff is waiting for marriage.

참조조문

-도로교통법 제93조 제1항 제2호

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