(영문) 수원지방법원 2018.11.28 2018구단3923

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원 2018.11.28 2018구단3923

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 September 15, 199, the Plaintiff obtained a Class 2 motor bicycle driver’s license on June 13, 2005, and Class 1 ordinary car driver’s license (B) on June 16, 2018. On June 16, 2018, the Plaintiff, while under the influence of alcohol at 0.176% of the eroco electric coocoocoocoo under the influence of alcohol, caused a traffic accident that causes an injury to each victim, such as a scoocoocoo, which requires approximately two weeks of medical treatment.

B. On July 21, 2018, the Defendant rendered a disposition to revoke the license for driving under the preceding paragraph (hereinafter “instant disposition”) by applying Article 93(1)1 of the Road Traffic Act to the Plaintiff on the ground of the instant drunk driving.

C. The Plaintiff appealed and filed an administrative appeal with the Central Administrative Appeals Commission, but was dismissed on September 14, 2018.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 6, Eul evidence 1 to 15, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff asserted that the plaintiff used a usual driving, and tried to use a substitute driving in the immediately preceding the driving of the drinking of this case. The possibility and risk of criticism for the driving of the drinking of this case was significantly low, and the plaintiff has been driving for 8 years without any particular accident, the plaintiff should return to and from home production and the artificial mother self-employed, and the plaintiff should return 90 km back to and from the school. The plaintiff must get out of the school by carrying 20 days per month, and he must deliver the households and make a local business trip, so the driver's license needs to maintain his livelihood, and the plaintiff actively cooperate with and reflects with the investigation agency in relation to the driving of the drinking of this case, the plaintiff must support his spouse and two children, provide economic support to his mother and his mother and children, and bear household liabilities.

참조조문

-도로교통법 제93조 제1항 제1호

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