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(영문) 수원지방법원 2016.03.25 2015구단3472
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 December 20, 1991, the Plaintiff acquired a Class 2 motorcycle and Class 1 ordinary car driving license (B) on June 9, 1994, and was driven by the Plaintiff. On October 2, 2015, the Plaintiff: (a) around 00:22, 00:18% of the blood alcohol concentration of 0.188% (the blood measurement level was 0.133%, but the blood measurement level was 0.13%, which was measured upon the Plaintiff’s request) while driving the Ccomo ray to the upper end of the National University of Doi University, in a state of alcohol.

B. Accordingly, on October 19, 2015, the Defendant rendered the instant disposition revoking the Plaintiff’s above driver’s license pursuant to Article 93(1)1 of the Road Traffic Act on the ground that the Plaintiff was driving under influence of alcohol as above.

C. The Plaintiff filed an administrative appeal on October 22, 2015, but was dismissed on November 20, 2015.

[Grounds for recognition] The entry of Gap evidence No. 2 and the purport of the whole argument

2. Whether the disposition is lawful;

A. The plaintiff's assertion is that the plaintiff's mother of time disability 1 who is waiting for a substitute driving on the same day was born, and the plaintiff was forced to drive himself/herself for 20 minutes of time due to his/her no choice but to take more than 20 minutes of time, and thus, he/she did not cause any accident while driving, and blood measuring values have been considerably high compared to pulmonary measuring values, and pulmonary measuring values have more credibility than blood measuring values, and the plaintiff's family is entitled to take priority. Considering the fact that the plaintiff's driver's license is essential to support his/her family, and if the plaintiff's driver's license is revoked, the defendant's disposition of this case constitutes a case where the plaintiff's and his/her family are deprived of discretion and abused, and thus, it is unlawful.

B. The need to strictly observe traffic regulations is increasing as the number of automobiles rapidly increase today and the number of driver's licenses are issued in large quantities, so traffic conditions are congested on the day.

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