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(영문) 수원지방법원 2018.11.28 2018구단3862
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 March 5, 2002, the Plaintiff acquired a Class 1 driver’s license (B), and around June 16, 2018, around 01:44, the Plaintiff caused a traffic accident where the Plaintiff, while under the influence of alcohol from around 161-o, Gangnam-gu, Seoul, to around 32-o, Seoul Mapo-ro, 161, there is a blood alcohol concentration of about 0.145%, shocked the other vehicles while driving about 19 km (hereinafter “driving of this case”). The Plaintiff caused a traffic accident where three persons need two weeks of treatment.

B. On July 26, 2018, the Defendant rendered a disposition to revoke the license for driving under the preceding paragraph (hereinafter “instant disposition”) by applying Article 93(1)1 of the Road Traffic Act to the Plaintiff on the ground of the instant drunk driving (hereinafter “instant disposition”).

C. The Plaintiff appealed and filed an administrative appeal with the Central Administrative Appeals Commission, but was dismissed on September 1, 2018.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 7, Eul evidence 1 to 14, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff asserted that the plaintiff used his/her ordinary driving, and tried to use his/her substitute driving immediately before the driving of this case. The plaintiff, as a member of the technical business team, was around 15 days in Seoul and Gyeonggi-do, must go to the outside of his/her workplace in one month, and the distance from his/her workplace is about 45 km, and the mother with a physical disability due to cerebrovascular is running to the hospital, so the driver's license is essential, the plaintiff actively cooperates with the investigative agency and reflects with the situation concerning the driving of this case, the plaintiff must support his/her wife and three children, and is economically difficult, such as volunteer service, blood donation, and donation delivery. In light of the above, the plaintiff's disposition of this case is a violation of discretionary power and abuse.

B. Determination 1.

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