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(영문) 수원지방법원 2015.02.06 2014구단4249
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 instant disposition

A. On June 9, 1992, the Plaintiff acquired Class I ordinary driver’s license (license number: B).

B. On July 29, 2014, while under the influence of alcohol on July 21:18, 2014, the Plaintiff driven a franchise-free car on the front of the cultural center located in the Dondong-gun, Handong-gun, Yan-gun.

The plaintiff measured the blood alcohol level of 0.101% as a result of the blood alcohol level discovered by police officers, but the blood alcohol level of 0.101% upon the plaintiff's objection to this measurement was measured at 0.14% of the blood alcohol level as a result of blood test.

C. On September 3, 2014, the Defendant issued the instant disposition to revoke the Plaintiff’s above driver’s license pursuant to Article 93(1)1 of the Road Traffic Act on the ground of the above drunk driving.

【Ground of recognition】 The fact that there has been no dispute, Gap’s 1 through 6, 10, 11, Eul’s 1 through 14 (including the number number, respectively), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. At the time of the instant case, the Plaintiff’s assertion made a relatively small amount of drinking, such as drinking 3 residues and 3 residues in the marith, and was merely a distance of 730 meters away from the 730 meters away from the marith in the marith restaurant, and thus, was a difficult situation for the Plaintiff to teach a substitute driver. Since the Plaintiff acquired the driver’s license, the Plaintiff was a model driver except for drinking once every 22 years since 2010, and the Plaintiff was a person in charge of the facility management and supervision and the construction site of the marith factory construction site in the Co., Ltd., and was a person in charge of the vehicle driver’s license, it is unlawful that the instant disposition by the Defendant constitutes a case where a vehicle driver’s license is excessively harsh and thus deviates or abused from discretion.

B. It is necessary to strictly observe traffic regulations in accordance with the reduction of traffic conditions due to the rapid increase of automobiles today and the large issuance of driver's licenses.

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