logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2017.04.28 2016구단6331
자동차운전면허취소처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. (1) On December 2, 2015, while under the influence of alcohol of 0.085% on blood alcohol level, the Plaintiff was driving approximately 300 meters on the street in front of the shortest distance in the city of Kimpo-si, Kimpo-si, Kimpo-si, Kimpo-si, Kimpo-si, in front of the shortest 1433 Kimpo-si, as Kimpo-si, in front of the shortest distance in the shortest part of Kimpo-si, Kimpo-si, Kimpo-si, and transferred the above intersection to the long-speed box. On the other hand, the crossing of the signal, etc. was installed, the Plaintiff shall reduce the speed and drive the road well, while neglecting the speed, the Plaintiff was trying to find the victim C (the 70 years of age), who was walking along the crosswalk at the right side of the left part of the Mapo-si, and the victim was able to suffer the injury by treating the number of days and so on.

B. On January 18, 2016, the Defendant issued a disposition to revoke the driver’s license (hereinafter “instant disposition”) to the Plaintiff on the basis of Article 93(1)1 of the Road Traffic Act.

Article 28(1) of the former Administrative Appeals Commission Act (amended by Presidential Decree No. 20100, Mar. 8, 2016).

【Facts without dispute over the grounds for recognition, Gap’s evidence 1, 2, Eul’s evidence 4 through 13, the purport of the whole pleadings

2. (i) Whether the instant disposition is legitimate; (ii) the Plaintiff is in need of driving for personal taxi business, which is a means of maintaining livelihood; (iii) the victim is not considered a personal traffic accident; (iv) since the acquisition of a driver’s license, the Plaintiff is a mother-law driver who faithfully complied with the laws and regulations for about 38 years without any single accident except 4 cases of violation of the laws and regulations; (iv) he was employed as a Marine Corps occupation soldier for about 34 years; and (v) performed military service faithfully to the extent of receiving multiple commendations, such as “the Order of the National Security Merit,” and after completing military service, he was recognized as a personal taxi qualification and gave approximately KRW 100 million around May 207.

arrow