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(영문) 수원지방법원 2020.08.14 2020구단1760
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 January 14, 2020, at around 00:40, the Plaintiff driven a B Pod-ro dyp dyp with a 0.109% alcohol concentration, while under the influence of alcohol, and 8 km from the roads near the Guro Digital Group in Guro-gu Seoul Metropolitan City to the roads front of the Mayang-si C.

B. On January 24, 2020, the Defendant issued a disposition revoking the first-class ordinary driver’s license against the Plaintiff on the ground that the Plaintiff was under the influence of alcohol with a blood alcohol level of at least 0.08%, which is the base value for revocation of the license (hereinafter “instant disposition”).

C. The Plaintiff filed an administrative appeal against the instant disposition, but the Central Administrative Appeals Commission dismissed the Plaintiff’s request for administrative appeal on March 17, 2020.

[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 gist of the Plaintiff’s assertion is that the Plaintiff caused a traffic accident for about 23 years since the Plaintiff acquired the Plaintiff’s driver’s license, or there was no history of driving under the influence of alcohol, and the Plaintiff is going against the Plaintiff and would not drive under the influence of alcohol again. The Plaintiff is the team leader who is carrying out construction or design technology and business in the civil engineering field. The Plaintiff is a large number of main tasks, and directly visits the construction site to and from the local and metropolitan areas where it is difficult for many business partners and the site to use public transportation, and the distance from work to and from work to the outside is 60 km. If the driver’s license is revoked, it is difficult for the Plaintiff to perform his/her duties, and there is a situation where the Plaintiff must support his/her mother-child with his/her mother-child care, and the Plaintiff should directly take account of the fact that her mother-child has to grow with his/her own vehicle, and this disposition should also be taken into account when he/she fully pays his/her liabilities to the Plaintiff.

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