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(영문) 의정부지방법원 2020.01.13 2019구단147
자동차운전면허취소처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of disposition;

A. The Plaintiff is a licensed real estate agent. On October 25, 1988, the Plaintiff acquired a driver’s license (class 1 common), and on May 23, 2014, acquired a driver’s license (Class 2 small-sized real estate).

B. On April 26, 2019, at around 01:16, the Plaintiff driven an E-wing truck with a distance of about 500 meters from the front of C in the case of Pakistan to D in the case of Pakistan, while under the influence of alcohol of 0.187%, at around 01:16, the Plaintiff driven the E-wing truck (hereinafter “instant drinking driving”).

C. On May 16, 2019, the Defendant revoked the Plaintiff’s driver’s license on the ground of the instant drunk driving.

(hereinafter “instant disposition”) D.

The Plaintiff dissatisfied with the instant disposition and filed an administrative appeal with the Central Administrative Appeals Commission on July 9, 2019, but filed an administrative appeal with the Central Administrative Appeals Commission.

8. The dismissal was 13.

[Identification Evidence: Evidence No. 1 to 4, Evidence No. 1 to 12]

2. Whether the instant disposition is lawful

A. In light of the following: (a) the Plaintiff’s alleged mobile distance is short; (b) there is no personal or material injury caused by the instant drunk driving; (c) the driving of a motor vehicle by an accident without the driver’s license for 32 years after the acquisition of the driver’s license; and (d) active cooperation with the police investigation; and (c) the instant disposition was absolutely necessary; and (d)

(b) Article 44 of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018) (1) No person under the influence of alcohol shall drive a motor vehicle, etc. (including construction machinery other than construction machinery under the proviso to Article 26 (1) of the Construction Machinery Management Act; hereafter the same shall apply in this Article and Articles 45, 47, 93 (1) 1 through 4, and 148-2), tram, or bicycle while under the influence of alcohol;

(1) When a person who has obtained a driver's license (excluding any student license; hereafter the same shall apply in this Article) falls under any of the following subparagraphs, the commissioner of a district police agency shall revoke and suspend the driver's license:

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