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(영문) 수원지방법원 2018.06.08 2018구단580
자동차운전면허취소처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Around 04:10 on October 19, 2017, the Plaintiff driven a 20km car at around 270-11 on the front road in front of Pyeongtaek-si, while under the influence of alcohol content of the blood 0.116%.

At the time, the plaintiff was faced with the previous week at the right edge of the progress direction.

B. On October 27, 2017, the Defendant revoked the driver’s license (class I, II, II, and II motorcycles) based on Article 93(1)1 of the Road Traffic Act against the Plaintiff.

On November 9, 2017, the Plaintiff appealed against the instant disposition and filed an administrative appeal with the Central Administrative Appeals Commission, but the Central Administrative Appeals Commission dismissed the said request on December 19, 2017.

【Facts without dispute over the grounds for recognition, Gap 1, 2 evidence, Eul 4 through 15, the purport of the whole pleadings

2. The Plaintiff asserts that the instant disposition is unlawful since it abused discretion, considering the following as a whole: (i) whether the instant disposition is lawful; (ii) the Plaintiff used a substitute driving; (iii) actively cooperate with the investigation agency; and (iv) the sales and replacement services are performed; and (iv) the driving license is required for the performance of duties and family life; and (iv) the instant disposition should be revoked

According to Article 93(1)1 of the Luxembourg Road Traffic Act and Article 91(1)28 of the Enforcement Rule of the same Act, the time when a driver drivess in a drunken state (not less than 0.1% of blood alcohol level) shall be determined based on the revocation of the license, and the disposition penalty may be mitigated to 110 points for “a person who is an important means to maintain his family’s livelihood, is engaged in transportation service for not less than three years at the time of the disposition as an exemplary driver, or who has received an official commendation from the chief of a police station or higher by causing a traffic accident and arresting an escape driver and does not meet the specified exclusion requirements.”

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