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(영문) 의정부지방법원 2019.11.11 2019구단6855
자동차운전면허취소처분취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of disposition;

A. On July 25, 1995, the Plaintiff shall be a breathing water. On September 1, 2010, the Plaintiff was discovered while driving under the influence of alcohol 0.184% on September 1, 201, and the driver’s license was revoked on October 15, 201. On October 20, 201, the Plaintiff acquired a driver’s license (Class I large) on October 20, 201, and was discovered while driving under the influence of alcohol 0.05% on August 15, 2013.

B. On April 20, 2019, the Plaintiff, while under the influence of alcohol at 0.157% of blood alcohol level on April 23:25, 2019, driven C rocketing car at a distance of about 30 km from the front of the Mapo-gu Seoul Mapo-gu Office to the front of the Namyang-si, Mapo-si. (hereinafter “instant drinking driving”).

C. On May 14, 2019, the Defendant revoked the Plaintiff’s driver’s license on the ground of the instant drinking driving.

(hereinafter “instant disposition”) D.

The Plaintiff dissatisfied with the instant disposition and filed an administrative appeal with the Central Administrative Appeals Commission on May 20, 2019, but filed an administrative appeal with the Central Administrative Appeals Commission.

7.9. The dismissal was made.

[Identification Evidence: Evidence No. 1, 2, 3, Evidence No. 1 through 12]

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that the circumstance of the pertinent drinking driving is not memory. In light of all circumstances such as the fact that there was no damage caused by the instant drinking driving, the use of the ordinary driving by proxy and the active cooperation with the police investigation, and the occupational driver’s license is absolutely necessary and family support and economic difficulties, the instant disposition is beyond the scope of discretion or abuse of discretionary power.

(b) Article 44 of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018) (1) Anyone under the influence of alcohol (including construction machinery other than construction machinery under the proviso to Article 26 (1) of the Construction Machinery Management Act; hereafter the same shall apply in this Article and Articles 45, 47, 93 (1) 1 through 4, and 148-2) and tram under the influence of alcohol;

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