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(영문) 대구지방법원 2017.02.03 2016구단2125
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 27, 2016, the Defendant issued the instant disposition that revoked the Plaintiff’s driver’s license as of October 29, 2016, on the ground that: (a) on the road located in Daegu-gu, Daegu-gu, 2016, the Plaintiff driven a B vehicle with blood alcohol concentration of 0.051% on February 17, 2005; (b) on December 17, 2006, the 2nd alcohol level of 0.121% on the blood alcohol level; and (c) on the road located in Daegu-gu, 2016, the Defendant driven a vehicle under the influence of 0.052% on the third time on September 10, 201, on the ground that the Plaintiff driven a vehicle under the influence of alcohol level of 0.052% on the part of the Plaintiff.

B. The Plaintiff filed an administrative appeal against the instant disposition, but the Central Administrative Appeals Commission rendered a decision to dismiss the said claim on November 15, 2016.

【Fact-finding without a dispute over the grounds for recognition, entry of evidence Nos. 1 and 15, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. In light of the following: (a) the Plaintiff’s assertion that the drinking alcohol level is not accurately measured; (b) the drinking alcohol level in this case is not clear; (c) the number of drinking alcohol in this case exceeds the basic level of administrative disposition due to 0.052%; (d) the cause of the instant traffic accident is not due to drinking driving; (e) the front vehicle is a wind that stops; (e) the former vehicle is being engaged in volunteer activities; and (e) the operation of a teaching school is operating the teaching school, and the revocation of the driver’s license is very difficult to maintain livelihood when the driver’s license is revoked for the benefit of students, etc., the instant disposition in

B. (1) According to the proviso of Article 93(1) of the Road Traffic Act and Article 93(1)2 of the same Act, when a person who drives a drinking vehicle twice or more re-drivings the driver’s license and falls under the grounds for suspending the driver’s license, the commissioner of the competent district police agency must necessarily revoke the driver’s license. Thus, this is an act

(2) In the instant case, even if the Plaintiff had had had had a record of drinking twice prior to the instant case, September 10, 2016.

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