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(영문) 대전지방법원 2015.11.20 2013구단1855
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 5, 2013, the Defendant issued a disposition to revoke the Plaintiff’s first-class ordinary driver’s license (E) on September 22, 2013 (hereinafter “instant disposition”) on the ground that “Around 22:56, the Defendant driven a DNA vehicle in the state of drinking alcohol concentration of 0.126% in front of the Daejeon Pcafeteria B cafeteria, and assaulted a drinking control police official” (hereinafter “instant disposition”).

B. On April 25, 2014, in Daejeon District Court Decision 2013Ma3855, the Plaintiff driven a DNA vehicle in the state of drinking 0.126% of the blood alcohol content to the C cafeteria located in Daejeon Seo-gu, Daejeon at around August 13, 2013. On the same day, at around 22:45, the Plaintiff was found guilty of the facts constituting a crime of injury, obstruction of the performance of official duties, violation of the Road Traffic Act (driving), and the conviction of the first instance court on May 14, 2015, the Plaintiff was found guilty on the following grounds: (a) the Plaintiff was exposed to the c cafeteria’s drinking control and attempted to flee from the vehicle; (b) the c troke and the tension that require one week medical treatment; and (c) the Plaintiff was found guilty of the facts constituting a crime of violation of the Road Traffic Act (hereinafter referred to as the “C cafeteria”); and (d) the judgment of the first instance court on May 16, 2014, 2015.

[Ground of recognition] Facts without dispute, entry of Eul 1, 23 through 25, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff asserted that the plaintiff did not drive a drunk, and did not assault a police official only when he was illegally arrested who did not notify of the principles of the domination.

(b) The facts recognized in the judgment of the relevant criminal case even though they are not detained in the original civil or administrative litigation, unless there are special circumstances, since the facts recognized in the judgment of the relevant criminal case are significant evidence in civil or administrative litigation.

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