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(영문) 청주지방법원 2017.04.13 2016구합11877
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 4, 2015, around 01:00, the Plaintiff was found to have driven while under the influence of alcohol at 0.103%, and was subject to the revocation of the driver’s license. The Plaintiff’s objection against the Commissioner of the Gyeongbuk Provincial Police Agency was accepted, and the said revocation of driver’s license was mitigated to a disposition suspending the driver’s license for 110 days, and the penalty points was imposed 110 points

B. On August 28, 2016, around 05:05, the Plaintiff: (a) caused an accident that, while driving a motor vehicle at a c convenience store located in Heung-gu, Goju-si, under the influence of alcohol by 0.05%, he/she was under the influence of alcohol level 0.05% (hereinafter “instant violation”); (b) thereby, the Plaintiff was given a penalty of 110 points due to his/her violation of the duty of drinking driving and safe driving (i.e., 10 points for a violation of the duty of safe driving).

C. Accordingly, on September 22, 2016, the Defendant issued a disposition revoking the Class II ordinary driver’s license to the Plaintiff (hereinafter “instant disposition”) pursuant to Article 93(2) of the Road Traffic Act on September 22, 2016, on the ground that the Plaintiff’s total sum marks 220 points for one year and constitutes more than 121 points, which are the criteria for revoking the driver’s license.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1, 2, 5 through 7, 15, 16 (including additional numbers), and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. Considering that the Plaintiff’s assertion on physical damage caused by the instant violation was made through the insurance processing, there was no personal damage, the distance from drinking driving is relatively short of 2 meters, and the driving license is required for maintaining livelihood and supporting family members, the instant disposition should be revoked as it is unlawful by abusing or abusing discretion.

(b) The details of the relevant statutes are as shown in the attached statutes.

C. The following circumstances, i.e., the increase of traffic accidents caused by drinking driving, which can be seen by comprehensively taking account of the overall purport of the arguments in the process of the above disposition.

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