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(영문) 수원지방법원 2020.06.19 2020구단1289
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 April 1, 2006, the Plaintiff: (a) while driving a motor vehicle under the influence of alcohol content of 0.093% on April 1, 2006, caused a traffic accident involving two people; (b) on September 9, 201, the Plaintiff driven a motor vehicle under the influence of alcohol content of 0.085%; and (c) on June 26, 2013, the Plaintiff driven a motor vehicle under the influence of alcohol content of 0.063%.

B. After that, on October 20, 2019, the Plaintiff, while under the influence of alcohol at 0.047% of alcohol level around 23:54 on October 20, 201, driven a passenger car of B benz, and 1 km from the high-speed high-speed high-speed road in Ansan-si, Ansan-si to the front road of the same Gu C.

C. On November 29, 2019, the Defendant issued a disposition revoking the first-class ordinary driver’s license against the Plaintiff on the ground that the Plaintiff was driving again under the influence of drinking alcohol (hereinafter “instant disposition”). D.

The Plaintiff appealed against the instant disposition and filed an administrative appeal, but the Central Administrative Appeals Commission dismissed the Plaintiff’s request for administrative appeal on February 11, 2020.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, Eul evidence Nos. 1 to 12, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The gist of the plaintiff's assertion is that the plaintiff drinks alcohol with her natives while drinking together with her natives, drinks a vehicle in nearby carpets, her fright to sleeps from nearby hotels, and she thought that her drinking becomes frighten and her driving is frighten at night 11:0 per hour; no physical and material damage has occurred due to the plaintiff's drinking driving, and no physical and material damage has occurred due to the plaintiff's drinking driving and the distance of driving is relatively short; the plaintiff is going to not drive her drinking again; the plaintiff's home as her self-employed is difficult to get out of Korea due to public transportation, and the plaintiff's own business and public relations are in charge of the plaintiff's business and public relations, and the plaintiff's factory and distribution business are directly visited across the country.

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