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(영문) 수원지방법원 2018.03.30 2018구단184
자동차운전면허취소처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. (i) On September 7, 2017, the Plaintiff driven, at around 01:35, B, while under the influence of alcohol of 0.126% of the blood alcohol content, B, the Plaintiff driven a vehicle of approximately 500 meters on the front side of the Suwon-gu Suwon-gu Suwon, Suwon-gu, Suwon-si, Suwon-si, Suwon-si.

B. On September 28, 2017, the Defendant rendered the instant disposition to the Plaintiff on the grounds of Article 93(1)1 of the Road Traffic Act, which revoked the driver’s license (class 1 common and class 2 common).

On October 17, 2017, the Plaintiff filed an administrative appeal with the Central Administrative Appeals Commission against the instant disposition. However, the Central Administrative Appeals Commission dismissed the said request on December 5, 2017.

【Facts without dispute over the grounds for recognition, Gap’s evidence 1, 2, Eul’s evidence 4 through 13, the purport of the whole pleadings

2. The Plaintiff asserts that the instant disposition is unlawful since it abused or abused discretion, considering the following as a whole: (i) whether the instant disposition is legitimate; (ii) the Plaintiff is merely a simple drinking without an accident; (iii) the ordinary place of education uses a substitute driving; (iv) actively cooperate with an investigation agency; and (v) the head of the business team in a small and medium enterprise is responsible for the performance of duties and family life; and

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, when driving under the influence of alcohol (not less than 0.1% of blood alcohol level) shall be determined based on the revocation of the license, and the disposition penalty shall be mitigated to 110 points for the "persons who have been given an official commendation by the chief of a police station or higher for at least three years as an exemplary driver, or who have been given an official commendation by the chief of a police station after causing a traffic accident or arresting an escape driver and do not meet the specified exclusion requirements." One of the requirements for exclusion from mitigation, when driving under the influence of alcohol exceeds 0.12%, causing a traffic accident during drinking.

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