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(영문) 청주지방법원 2021.01.28 2020구합7462
자동차운전면허취소처분취소
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Details of the disposition;

A. On August 22, 2020, the Plaintiff started from the front of the Chungcheong apartment B, around 03:10, via a lower-class lower-class parking lot in C, and again driven a new car with a alcohol content of about 3km from around 0.128% in alcohol level up to the front road of the said B apartment. (B) On September 15, 2020, the Defendant issued a disposition of revoking the instant bicycle driving license (hereinafter “the instant bicycle driving”). On September 15, 2020, the Defendant issued a disposition of revoking the instant bicycle driving license pursuant to Article 93(1)1 of the former Road Traffic Act (amended by Act No. 17371, Jun. 9, 2020) on the ground of the instant drinking driving.

(c)

On September 18, 2020, the Plaintiff dissatisfied with the instant disposition and filed an administrative adjudication with the Central Administrative Appeals Commission on September 18, 2020, but the ruling dismissing the instant disposition was rendered on November 6, 2020.

[Reasons for Recognition] The whole purport of each entry and alteration of the evidence of Gap 1 through 3, 5, 24, Eul 1, 2, 9, 11 through 14 (including numbered evidence; hereinafter the same shall apply) without dispute

2. Determination on the legitimacy of the instant disposition

A. The Plaintiff’s assertion 1) The Plaintiff’s revocation of the driver’s license is unlawful, even though the Plaintiff’s license was not revoked, the Plaintiff’s revocation of all of the instant driver’s license, except for Class 1 large vehicles and Class 1 ordinary drivers, and Class 1 large towing vehicles, Class 2 small vehicles, Class 2 bicycle drivers, and Class 2 bicycle riders’ licenses.

2) The instant disposition is an abuse of discretion when considering the following: (a) the Plaintiff has no record of drinking or causing traffic accidents before the instant case; and (b) the Plaintiff and his/her family members are supported by their families by driving the cargo vehicles, and thus the revocation of the driver’s license is difficult to maintain their livelihood; and (c) the instant disposition is an abuse of discretion.

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