logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2019.07.26 2019구단7434
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 27, 2018, the Plaintiff: (a) caused a traffic accident that causes physical damage while driving alcohol (0.072% of blood alcohol level); (b) obtained the penalty points of 110 points (100 points for drinking alcohol and 10 points for violating the duty of safe driving); (c) on January 31, 2019, the Plaintiff was exposed to a violation of the prohibition of use of mobile phones while driving and was given the penalty points of 15 points.

B. On February 27, 2019, the Defendant issued a disposition to revoke the first-class and second-class ordinary driver’s license (hereinafter “instant disposition”) against the Plaintiff on the ground that the sum of the above given points (125 points) that the Plaintiff received was not less than 121 points per year, which is the criteria for revocation of driver’s license (hereinafter “instant disposition”).

C. The Plaintiff filed an administrative appeal against the instant disposition, but the Central Administrative Appeals Commission dismissed the Plaintiff’s request for administrative appeal on April 30, 2019.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 7, Eul evidence Nos. 1 through 13 (including paper numbers), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The gist of the plaintiff's assertion is that the plaintiff delivered gifts to the person in charge of the Gu affairs at the time before and after the company's assistance to the company, and is going under the direction of the representative director of the company's office, which is that the vehicle is closed and late at the time of the next visit, and thus, it comes to the hard-to-face mobile phone call. The plaintiff is working as the chief of the construction event and is in charge of on-site management, and it is obvious that the cancellation of the driver's license is necessary to inform the company of the fact that the vehicle is essential to drive, and thus, the driver's license is revoked. Considering the fact that the plaintiff is responsible for the livelihood of the old and the spouse, the children, and the two children, and that the plaintiff must leave the hospital for rare diseases, and that the plaintiff must leave the hospital for rare diseases, and therefore, the disposition of this case is revoked because it is too excessive to the plaintiff and is in violation of law of abuse of discretion.

(b) judgment 1 sanctions.

arrow