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(영문) 수원지방법원 2019.05.01 2019구단679
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 April 15, 1995, the Plaintiff acquired a Class 1 ordinary driver’s license (B), and around November 22:44, 2018, the Plaintiff driven, under the influence of alcohol, approximately 0.143% in blood alcohol level from the front of the right line C apartment at Suwon-si to the front of the right line C apartment at Suwon-si to the front of the same Gu D apartment, while under the influence of alcohol leveling to 0.143% in blood alcohol level (hereinafter “instant drunk driving”).

B. On December 14, 2018, the Defendant rendered a disposition to revoke the driver’s license stated in the preceding paragraph (hereinafter “instant disposition”) by applying Article 93(1)1 of the Road Traffic Act due to the instant drunk driving (hereinafter “instant disposition”).

C. The Plaintiff appealed and filed an administrative appeal with the Central Administrative Appeals Commission, but was dismissed on January 22, 2019.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 6, Eul evidence 1 to 15, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that the Plaintiff used a usual driving and used a substitute driving immediately before the pertinent drunk driving. At the time of the detection of the pertinent drunk driving, a substitute driving engineer installed a vehicle at the entrance of the apartment without having to have the apartment parking lot and was driving for the purpose of parking. As such, there are circumstances to be considered in the motive of the instant drunk driving, the Plaintiff did not cause a traffic accident through the instant drunk driving, the possibility and risk of criticism about the instant drunk driving, the Plaintiff was significantly low, and the Plaintiff was employed on a model without any accident for 24 years, the Plaintiff was employed as the head of the FF business division, which makes it difficult for the Plaintiff to find a department of June 2018, and the distance from commuting from the house to the company is at least 20 km, going back to public transportation, and is in full charge of affairs, such as external business, delivery, etc., of a driver’s license.

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