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(영문) 의정부지방법원 2020.10.12 2020구단1184
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. On February 18, 2011, the Plaintiff acquired a driver’s license (Class 2 motorcycle) and acquired a driver’s license (Class 1 common) on July 10, 2013.

B. On March 29, 2020, the Plaintiff, while under the influence of alcohol at around 0.110% of blood alcohol concentration on March 29, 2020, driven an E SP car at a distance of about 1km from the parking lot of the building B to the front road of the D University located in C (hereinafter “instant drinking driving”).

C. On April 10, 2020, the Defendant revoked the Plaintiff’s driver’s license on the ground of the instant drinking driving.

(hereinafter “instant disposition”) D.

On April 24, 2020, the Plaintiff dissatisfied with the instant disposition and filed an administrative appeal with the Central Administrative Appeals Commission, but filed it with the Central Administrative Appeals Commission.

6.23. was dismissed.

[Identification Evidence: Evidence No. 1 to 4, Evidence No. 1 to 13]

2. Whether the instant disposition is lawful

A. The Plaintiff’s alleged mobile distance is relatively short, and there is no personal or material injury caused by the instant drunk driving, the exemplary driving for about 8 years after the Plaintiff’s license was acquired, the use of a flat acting driving and active cooperation with the police investigation. The Plaintiff’s driver’s license was prepared to leave the place of duty, taking into account all circumstances, such as the fact that the license absolutely needs to be absolutely necessary and the home-type of the driver’s license, the instant disposition is beyond the scope of the discretion or abuse its discretionary power.

(b) No one shall drive a motor vehicle, etc. (including construction machinery other than construction machinery provided for in 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) A commissioner of a district police agency shall revoke and suspend a driver's license (excluding student licenses; hereafter the same shall apply in this Article) falling under any of the following subparagraphs:

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