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(영문) 인천지방법원 2016.06.28 2016구단50270
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 October 23, 200, the Plaintiff obtained a Class 1 ordinary driver’s license on November 23, 2000, and was under the influence of alcohol 0.128% at the parking lot in Nam-gu Incheon Metropolitan City, Nam-gu, Incheon on November 30, 2015, the Plaintiff was under the control of the police, causing a traffic accident that causes damage to KRW 561,000 for repair cost by shocking two vehicles parked therein while driving C, while under the influence of alcohol 0.128%.

B. On December 18, 2015, the Defendant revoked the first-class ordinary driver’s license against the Plaintiff (hereinafter “instant disposition”) with respect to drunk driving as indicated in the preceding paragraph.

C. The Plaintiff appealed and filed an administrative appeal, but was dismissed on February 23, 2016.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 to 11 (including branch numbers in the case of additional number), the purport of the whole pleadings

2. The legality of the instant disposition

A. The plaintiff alleged that the plaintiff driven a vehicle parked on the road without permission to move the vehicle into the parking lot and the driving distance is only 40 meters, there was a contact accident, but the repair cost is minor and there was no record of punishment for drinking driving in the past, there was no means of agreement with the victim, a human resources management company's work to dispatch its employees to and from the workplace, and a parent's income of 120,000 won per month is paid the living expenses of the parent, and if the driver fails to drive a vehicle, it would be placed in the place where the driver will go into bankruptcy, and if the driver fails to drive a vehicle, it is difficult to seek other jobs other than the work at the present time due to actual injury. Considering that the plaintiff's alcohol concentration was in the state of increase in the blood alcohol concentration as long as the plaintiff did not drink alcohol, the driver's driver's license's error was revoked under Article 91 (1) 2 of the Enforcement Rule of the Road Traffic Act [Attachment 91-2].

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