logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2018.08.08 2018구단2005
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 October 5, 1981, the Plaintiff acquired a Class I ordinary driver’s license (B). On November 7, 200, the Plaintiff was subject to a disposition of suspension of driver’s license by driving a motor vehicle under the influence of alcohol content of 0.080%. On November 7, 2003, the Plaintiff acquired a Class I driver’s license on November 7, 2003. On December 1, 2017, the Plaintiff was subject to a disposition of suspension of driver’s license by causing a traffic accident while driving a motor vehicle under the influence of alcohol level of 0.079%. On December 1, 2017, the Plaintiff was subject to a disposition of suspension of driver’s license for 60 days (100 points for sound driving, 100 points for safe driving, and 10 points for the suspension of driver’s license for 50 days (from January 3, 2018 to March 3, 2018).

B. On March 2, 2018, at around 15:20 on March 2, 2018, the Plaintiff: (a) obtained a driver’s license from the front of the Young-gu, Suwon-si, Suwon-si, to the road in front of the parking lot of the 165 East-gu, Suwon-si; and (b) controlled the car volume by approximately 5 km driving (hereinafter “instant driving”).

C. On March 9, 2018, the Defendant rendered a disposition to the Plaintiff to revoke the Plaintiff’s driver’s license by applying Article 93(1)19 of the Road Traffic Act on the ground of driving during the suspension period of driver’s license as stated in the preceding paragraph (hereinafter “instant disposition”).

The plaintiff appealed against this and filed an administrative appeal with the Central Administrative Appeals Commission, but was dismissed on May 1, 2018.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, Eul evidence Nos. 1 to 13, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion that the plaintiff did not cause a traffic accident through the driving of the instant case, and the plaintiff knew that he was used as an cerebrovascular, and he was aware that the suspension period of driver's license for the plaintiff was terminated at the time of the urgent mind in order to go to the hospital, and that there was a reason to take into account the process of the pertinent case.

arrow