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(영문) 전주지방법원 2017.08.09 2016구단346
자동차운전면허취소처분취소
Text

1. Class I, II, and II of the driver’s license granted to the Plaintiff on December 30, 2015.

Reasons

1. Details of the disposition;

A. At around 00:30 on December 8, 2015, the Plaintiff driven a ecoo motor vehicle B at a 100-meter level from the front day of the ecoo-gu Seoul Special Metropolitan City to the front day of the ecoo-gu Seoul Special Metropolitan City E from the front day of the ecoo-gu Special Metropolitan City.

B. The Plaintiff was requested by a police officer who was under the influence of alcohol driving control on the front of the said FM on the road. The Plaintiff’s blood alcohol concentration was 0.060% as a result of the Plaintiff’s respiratory measurement 00:50 on the same day, but the blood collection measurement was 0.117% as a result of around 01:18.

C. On December 20, 2015, the Defendant issued a driver’s license (class I, II, and II motor vehicles) to the Plaintiff on the ground that the Plaintiff driven under the influence of alcohol level 0.117% (hereinafter “instant disposition”). D.

Therefore, the plaintiff filed an administrative appeal with the Central Administrative Appeals Commission, but was dismissed on February 23, 2016.

E. Meanwhile, the Plaintiff was issued a summary order on the grounds that he/she was guilty of driving under the influence of alcohol as stated in paragraph (a), upon receiving an application for formal trial and being pronounced not guilty on July 19, 2016, the Prosecutor appealed, but was dismissed on April 14, 2017, and is still pending in the appellate court due to the Prosecutor’s appeal.

(The grounds for recognition) The fact that there is no dispute, Gap evidence 3-1, 2, Gap evidence 4, 5, 7, Eul evidence 1 through 17, the purport of the whole pleadings, and the purport of the whole pleadings.

2. Determination on the legitimacy of the disposition

A. The Plaintiff asserted that the Plaintiff d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d e

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