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(영문) 수원지방법원 2021.02.19 2020구단4677
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 July 31, 2020, the Plaintiff was under the influence of alcohol level of 00:45% during blood, and 2 km from the front side of the “D” in Gyeonggi Pyeong-gun to the front side of the 1st century in front of the same Eup/Myeon to the same Eup/Myeon (hereinafter “D”), while proceeding with a central line in order to overtake the said rocketing car on the bridge where the central line is installed, the Plaintiff was running along the said bridge in order to find out the vehicles coming from the speed from the opposite lane in order to avoid any collision, and then he gets injured by the driver and passenger of the said rocketing or other car, respectively, by shocking the front part of the Plaintiff’s vehicle.

B. On August 11, 2020, the Defendant issued a disposition revoking Class 1 ordinary driver’s license against the Plaintiff on the ground that the Plaintiff had injured the Plaintiff due to a traffic accident while driving alcohol (hereinafter “instant disposition”).

(c)

The Plaintiff filed an administrative appeal against the instant disposition, but the Central Administrative Appeals Commission dismissed the Plaintiff’s administrative appeal on November 3, 2020.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 2, 3, Eul evidence Nos. 1 to 14, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The gist of the Plaintiff’s assertion is relatively short of the distance that the Plaintiff driven while drinking alcohol; the Plaintiff caused a traffic accident for about five years since the Plaintiff acquired a driver’s license; there was no power to drive alcohol; and the Plaintiff is against the Plaintiff and the Plaintiff would not drive alcohol again.

In addition, the plaintiff is highly likely to work in the transition area as a professional soldier, and most of the transition areas are difficult to perform their duties unless they drive a vehicle due to the lack of good condition of public transportation, and the Gun should respond to the call within 30 minutes of the occurrence of the situation.

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