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(영문) 의정부지방법원 2020.08.24 2020구단907
자동차운전면허취소처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of disposition;

A. On April 24, 2001, the Plaintiff acquired a driver’s license (Class I ordinary) and was discovered while driving under the influence of alcohol 0.181% on January 23, 2005, and the driver’s license was revoked on March 4, 2005. On September 5, 2005, the Plaintiff acquired a driver’s license (Class I ordinary). On July 6, 2012, the driver’s license was revoked on August 30, 2012, when it was discovered while driving under the influence of alcohol 0.159%. On March 25, 2014, the Plaintiff acquired a driver’s license (Class I ordinary).

B. On January 18, 2020, at around 22:25, the Plaintiff driven a DNA motor vehicle with a distance of about 1.5 km from the funeral hall of the C Hospital located in Dongbcheon-si to the road in front of the 81st parallel route, while under the influence of alcohol at 0.076% (the result of the measurement conducted at around 22:29) of blood alcohol level (hereinafter “instant drinking driving”).

C. On March 13, 2020, the Defendant revoked the Plaintiff’s driver’s license on the ground of the instant drinking driving.

(hereinafter “instant disposition”) D.

On March 25, 2020, the Plaintiff dissatisfied with the instant disposition and filed an administrative appeal with the Central Administrative Appeals Commission, but filed an administrative appeal with the Central Administrative Appeals Commission

5. It was dismissed on 19.

[Identification Evidence: Evidence No. 1, 2, Evidence No. 1 to 11]

2. The Plaintiff asserts that the instant disposition is unlawful when considering all circumstances, such as the fact that the final drinking time was 21:30 and that the blood alcohol level at the time of the measurement cannot be deemed to have been accurately measured, that there was no human or physical injury caused by the drinking driving of the instant case, that the driver’s license is absolutely absolutely necessary by taking charge of the purchase of goods, and that the family situation, etc.

It is known that the blood alcohol concentration, as a general rule, has increased from the final drinking time, and reached the highest value around 30 to 90 minutes, gradually drops at the rate of 0.08 to 0.03% per hour, and it is not clear that the numerical value is increased at a certain rate during the rise period.

Even if the plaintiff was at the time of drinking measurement, the plaintiff was at the time of drinking.

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