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(영문) 수원지방법원 2017.03.31 2016구단9484
자동차운전면허취소처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. (i) On November 20, 2016, the Plaintiff was under the influence of alcohol content of 0.11% on blood on November 20, 2016, and was found to have been exposed to a police officer when driving DNA 2.7 km from the front and front of Geumcheon-gu Seoul Metropolitan Government to the front and front of C in light name.

B. On December 2, 2016, the Defendant revoked the driver’s license (Class I common and Class II common) based on Article 93(1)1 of the Road Traffic Act against the Plaintiff.

Article 22(1) of the former Administrative Appeals Commission Act (amended by the Presidential Decree No. 2010, Jan. 17, 2017).

【Facts without dispute over the grounds for recognition, evidence No. 11, evidence No. 4 through 13, the purport of the whole pleadings

2. (i) Whether the instant disposition is legitimate, the Plaintiff asserts that the instant disposition should be revoked because it deviates from and abused discretion, considering the following as a whole: (a) the Plaintiff was able to drive a drunkly in his/her own mind that he/she would drink with his/her workplace rent and alcohol; (b) the Plaintiff was engaged in a mixed-child personal business (establishment of a vehicle driver’s business trip) in order to maintain his/her family’s livelihood with his/her family members with three fingers cut off; and (c) the instant driver’s license is necessarily required.

According to Article 93(1)1 of the Luxembourg Road Traffic Act and Article 91(1)28 of the Enforcement Rule of the same Act, the time when a driver drivess in a drunken state (not less than 0.1% of blood alcohol level) shall be determined based on the revocation of the license, and the disposition penalty may be mitigated to 110 points for “a person who is an important means to maintain his family’s livelihood or is engaged in transport service activities for not less than three years at the time of the disposition as an exemplary driver, or who has received an official commendation from the chief of a police station or higher by arresting the escape driver and does not meet certain requirements for exclusion.”

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