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(영문) 수원지방법원 2019.02.08 2018구단4155
자동차운전면허취소처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. (i) On July 14, 2018, while under the influence of alcohol of 00:00 and 0.185% of alcohol content, the Plaintiff driven a passenger car in B Coon with approximately 300 meters in front of the Sungnam-gu Seoul Special Metropolitan City, Sungnam-gu, Sungnam-gu, Sungnam-si, Seoul Special Metropolitan City.

B. On August 3, 2018, 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).

Article 22(1) of the former Administrative Appeals Commission Act (amended by Presidential Decree No. 2420, Oct. 10, 2018).

【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 discretion, considering the following as a whole: (i) whether it is legitimate of the instant disposition; (ii) the Plaintiff is merely a simple drinking without an accident; (iii) the usual meeting uses a substitute driving; (iv) actively cooperate with the police investigation; and (iv) the Plaintiff’s driver’s license is required for the performance of duties and family life as a member of D/S; and (iv) the instant

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 person drives in a drunken state (not less than 0.1% of blood alcohol concentration) shall be determined on the basis of the revocation of the license, and the disposal penalty points shall be mitigated to 110 points for “a person who has been given an official commendation by the chief of a police station or higher official by causing a traffic accident and arresting an escape driver, and who has been given an official commendation by the chief of a police station or higher at the time of the disposition as an exemplary driver.” One of the requirements for the exclusion from mitigation is to drive in excess of 0.12% of blood alcohol concentration.

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