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(영문) 수원지방법원 2018.10.01 2018구단3015
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 February 19, 2004, the Plaintiff acquired a Class 1 ordinary car driver’s license (B) on May 15, 2018, and 00:15, around 00:15, while under the influence of alcohol 0.172% of the blood alcohol level, the Plaintiff driven approximately 3 km car volume of CK3 at approximately 3 km from the original car parking lot in the city of Osan-si to the street in front of the 22 Moo Bank at the same time (hereinafter “instant drinking”).

B. On May 30, 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.

C. The Plaintiff appealed and filed an administrative appeal with the Central Administrative Appeals Commission, but was dismissed on July 17, 2018.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 5, Eul evidence 1 to 13, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion has been using a usual driving, and the plaintiff was trying to use a substitute driving immediately before the driving of this case. The plaintiff did not cause a traffic accident through the drinking driving of this case. The plaintiff has been a model driving for about 15 years. The plaintiff is a director of the technical and business team of E company which is a small and medium enterprise that manufactures the mobile phone camera inspection equipment located in Pyeongtaek-si D, and the plaintiff visits a customer company approximately 25 km away from the development meeting. Since the location of the customer company is out of the external location, the driving of the motor vehicle is essential because it is not possible to use public transportation. The plaintiff actively cooperate and reflects with the investigative agency in relation to the drinking driving of this case. The plaintiff must support his spouse and newborn baby, the plaintiff bears a monthly duty of his parent, bears a household debt, etc., and the plaintiff is making contributions and blood donation activities.

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