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(영문) 대전지방법원 2019.11.21 2019구단687
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 disposition;

A. On October 13, 1992, the Plaintiff acquired the Class 2 motorcycle driver’s license, the Class 2 ordinary driver’s license on May 10, 1995, the Class 1 ordinary driver’s license on November 13, 1998, and the Class 1 large driver’s license on September 24, 2004 respectively.

On March 31, 2008, the Plaintiff was subject to a disposition of suspension of a driver's license due to a drunk driving (the blood alcohol concentration of not less than 0.05% and less than 0.1%) on April 4, 2008, and was subject to a disposition of revocation of a driver's license on April 4, 2008, but again acquired a Class 1 driver's license on May 22, 2009.

B. However, at around 20:50 on March 25, 2019, the Plaintiff driven a F Xex car at approximately 300m section from the Do in front of the C cafeteria located in Seosan City B to the E store front of the D, while under the influence of alcohol content of about 0.060%, while under the influence of alcohol, the Plaintiff driven a F Xex car at a level of 0.060%.

(hereinafter referred to as “drinking driving of this case”).

On April 6, 2019, the Defendant rendered the instant disposition against the Plaintiff on the ground of the instant drunk driving under Article 93(1)2 of the Road Traffic Act, which revoked the Plaintiff’s driver’s license (Class I large vehicle) as of May 11, 2019.

The Plaintiff filed an administrative appeal with the Central Administrative Appeals Commission on the instant disposition, but was dismissed on June 11, 2019.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 15 (including paper numbers), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. Considering the fact that the Plaintiff’s assertion did not cause any personal and material injury due to the pertinent drunk driving, the distance from which the Plaintiff moved to the drinking driving of the instant case is relatively short, the Plaintiff led to the confession of the drinking driving at the time when it is controlled by the drinking driving, actively cooperated in the investigation, the Plaintiff’s driver’s license is essential to carry out his occupation and maintain livelihood, and the Plaintiff’s mistake is against the Plaintiff’s depth, the instant disposition is excessively harsh to the Plaintiff and discretion.

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