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(영문) 인천지방법원 2016.06.14 2015구단1233
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 November 23, 1989, the Plaintiff acquired a Class 2 motorcycle driver’s license, a Class 1 ordinary license on November 6, 1992, and a Class 1 large driver’s license on January 5, 2009, respectively.

B. On February 9, 2015, the Defendant: “Around 02:20 on December 27, 2014, the Plaintiff driven a B car under the influence of alcohol content of 0.121% on a blood alcohol level (0:20 on December 27, 2014, and was driving on the front of the Incheon Yeonsu-gu Ro-dong apartment at No. 185-ro 185-ro 2, the Defendant: (a) brought the Plaintiff’s car under the influence of drinking at the time of drinking; (b) the victim C followed the Plaintiff’s car under the influence of drinking at the time of drinking; (c) was able to stop the Plaintiff’s car and let the Plaintiff sit at the driver’s seat; and (d) the Plaintiff, as a driver of the automobile, failed to perform the duty of care to safely drive the victim’s movement; and (d) did not take measures necessary to promptly stop the Plaintiff’s vehicle on the ground that the Plaintiff’s driver’s license was negligent in performing his duty of care to prevent the accident; and (c.).

(hereinafter referred to as the “instant traffic accident”) C.

On March 30, 2015, the Plaintiff appealed against the instant disposition and filed an appeal with the Central Administrative Appeals Commission, but was dismissed on May 1, 2015.

On the other hand, the Plaintiff was on August 28, 2015.

Based on the facts stated in the same crime, this Court was sentenced to a fine of KRW 5 million for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes) and the Road Traffic Act. However, the appeal is not filed on November 2, 2015.

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