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(영문) 수원지방법원 2017.05.12 2016구단9613
자동차운전면허취소처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. (i) On August 24, 2016, the Plaintiff was discovered while driving B Cost Star Cargo Vehicles while under the influence of alcohol of 0.088% in blood alcohol concentration at the Gyeonggi Police Station on August 24, 2016 and was subject to a disposition of driver’s license (Class 1, Class 1, and Class 2) for August 31, 2016 (from September 1, 2016 to November 19, 2016) for 80 days (from November 19, 2016).

The Plaintiff was found to have driven Bone Star Cargo on the street in front of the Sung-nam City, Sungnam City, at around 07:05 on October 11, 2016, during the suspension period of driver's license.

Accordingly, on October 24, 2016, the Defendant revoked the driver’s license (class 1, class 1, class 2, and class 2) based on Article 93(1)19 of the Road Traffic Act against the Plaintiff.

On November 11, 2016, the Plaintiff appealed against the instant disposition and filed an administrative appeal with the Central Administrative Appeals Commission, but the Central Administrative Appeals Commission dismissed the said request on December 13, 2016.

【Non-contentious facts, Gap evidence Nos. 4, 5, Eul evidence Nos. 4, 8, 10, and the purport of the whole pleadings

2. (i) On August 24, 2016, the Plaintiff received a prior notice of the disposition of the suspension of a driver's license (Evidence 1), a notice of the disposition of the suspension of a driver's license (Evidence 2), and a temporary driver's license (Evidence 3) from the head of the Gwangju Police Station in order to reduce the suspension period of a driver's license, the Plaintiff visited the Gyeonggi-do Office Special Traffic Safety Education of the Gyeonggi-do Branch of the Road Traffic Authority and visited the Sungnam Police Station on the same day from September 1, 2016 to November 19, 2016, and then received the notice of the suspension of a driver's license reduced by 80 days in total (Evidence 4) from the head of the Gwangju Police Station, and the notification of the suspension of a driver's license reduced by 80 days from September 19, 2016 to August 26, 2016.

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