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(영문) 수원지방법원 2019.06.19 2019구단1658
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 August 5, 1994, the Plaintiff acquired a Class II driver's license for a motorcycle, Class II driver's license for August 8, 1997, Class I driver's license for a Class I driver's license for a Class I driver's license on September 4, 1998. On November 25, 2000, the Plaintiff was subject to the revocation of the driver's license for a traffic accident causing damage caused by alcohol (5.21% of blood alcohol level). On February 6, 2002, the Plaintiff acquired a Class I driver's license for a Class I driver's license for a drinking driving (0.153% of blood alcohol level) on July 23, 2003.

B. On September 13, 2004, the Plaintiff acquired a Class I driver’s license (B), Class I driver’s license on September 19, 2008, and around January 20:27, 2019, the Plaintiff caused the Plaintiff’s injury to the victim, i.e., the Plaintiff, while under the influence of alcohol at least 0.141% from the D cafeteria’s parking lot located in Osan-si, Osan-si, to the front day of Osan-si, by driving approximately 200 meters in blood alcohol level (hereinafter “the instant drinking driving”). On the real side, the Plaintiff caused the Plaintiff’s injury to the victim, such as the Plaintiff’s vehicle in front of the traffic accident, following the victim’s seven-lane in front of the signal stop.

C. On January 31, 2019, the Defendant rendered a disposition to revoke the driver’s license stated in the preceding paragraph (hereinafter “instant disposition”) by applying Article 93(1)1 of the Road Traffic Act due to the instant drunk driving.

On April 16, 2019, the plaintiff filed an administrative appeal with the Central Administrative Appeals Commission.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 6, Eul evidence 1 to 15, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion is a relatively short distance from the Plaintiff’s drinking driving distance, and the Plaintiff is “H”.

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