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(영문) 대구지방법원 2018.12.21 2018구단11437
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 April 25, 2018, the Plaintiff, which caused a traffic accident involving personal damage, has been given a mark of 25 points (one middle person, 15 points, and 10 points in violation of the pedestrian protection of crosswalk traffic), and the same year.

6. Around 24:02:55 on the ground that he/she driven C vehicle while under the influence of alcohol of 0.079% (hereinafter “instant drinking”), at the north-gu, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, 100 points.

B. On July 19, 2018, the Defendant issued a disposition to revoke the Plaintiff’s driver’s license (class 1, class 2, class 2, and class 2 motor vehicles) as of August 18, 2018 (hereinafter “instant disposition”) pursuant to Article 93(2) of the Road Traffic Act, Article 91(1) of the Enforcement Rule of the Road Traffic Act, [Attachment 28] 1-C(1) of the Enforcement Rule of the Road Traffic Act, on the ground that the Defendant’s calculated total amount exceeds 121 points for one year.

C. The Plaintiff filed an administrative appeal against the instant disposition, but the Central Administrative Appeals Commission rendered a ruling dismissing the Plaintiff’s claim on September 11, 2018.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 and 8, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff asserted that the plaintiff was driving at a coffee shop after drinking alcohol and the president of his client in the vicinity of the Young River. The plaintiff suffered from drinking alcohol and drinking alcohol to Daegu, making it difficult for Daegu to take into account the circumstances of the drinking driving of this case. There are circumstances to consider the situation of the drinking driving of this case. The existing penalty points 25 are imposed due to a minor contact that occurred in order to take into account the female driver of a vehicle parked on both sides of the road and sent the victim to the hospital by making a report immediately 119, and the victim was released because it was not a day, and the plaintiff was discharged from the hospital.

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