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(영문) 춘천지방법원 2015.05.29 2014구합1442
자동차운전면허취소처분취소
Text

1. A driver’s license (class 1, class 2, class 2, and number): A driver’s license for the Plaintiff on October 7, 2014.

Reasons

On June 1, 2005, the Plaintiff acquired the Class 2 ordinary driving license and the Class 1 ordinary driving license on September 27, 2005 respectively.

On September 17, 2014, at around 00:08, the Plaintiff driven a G-ro car in the state of 0.123% alcohol concentration during the 3km section from the front road in the East Sea to the front road in the East Sea from the front road in the East Sea.

On September 29, 2014, the chief of the East Sea Police Station notified the Plaintiff of the revocation of the driver's license, and received a written statement from the Plaintiff that the Plaintiff requested the Defendant to take measures against the revocation of the driver's license. On October 7, 2014, the Defendant revoked the driver's license that the Plaintiff revoked all of the first-class ordinary driver's license and second-class ordinary driver's license as of November 8, 2014 pursuant to Article 93 (1) of the Road Traffic Act on the ground that the blood alcohol level of 0.123% is a blood alcohol level.

(hereinafter “instant disposition of revocation.” The Defendant dissatisfied with the instant disposition and filed an administrative appeal with the Central Administrative Appeals Commission, but the said claim was dismissed on November 4, 2014.

[Reasons for Recognition] Facts without dispute, entry of evidence Nos. 1 through 7 (including a provisional number) and entry of the whole purport of the pleading in the attached Form of the relevant Acts and subordinate statutes.

Plaintiff’s assertion

Since H, the wife of the Plaintiff, as a patient with a mathic flag, undergo three-time blood speculation treatment per week, the Plaintiff’s driving is unlawful as a disposition that deviates from or abused the discretion, although the Plaintiff’s driver’s license became an important and important means for H’s life.

Judgment

Article 93 (1) 1 of the Road Traffic Act provides that when a person drives a motor vehicle while under the influence of alcohol, the commissioner of a district police agency may revoke the driver's license or suspend the effect of the driver's license within one year in accordance with the standards prescribed by Ordinance of the Ministry of the Interior, and Article 91 (1) of the Enforcement Rule of the

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