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(영문) 청주지방법원 2020.02.13 2019구합1048
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 July 14, 2019, around 19:30, the Plaintiff: (a) driven BK3 motor vehicles on the front side of the Coastal Highway, Seogcheon-si, Seocheon-si, Seocheon-do; (b) was controlled by police officers; and (c) was measured at around 19:32 on the same day, the Plaintiff’s blood alcohol concentration was 0.107%.

B. On August 10, 2019, the Defendant issued a disposition to revoke the Plaintiff’s driver’s license (Class 1 large, Class 1 ordinary) pursuant to Article 93(1)1 of the Road Traffic Act (hereinafter “instant disposition”) on the ground that the Plaintiff driven the Plaintiff in the state of drinking alcohol concentration of 0.107%.

C. The Plaintiff dissatisfied with the instant disposition and filed an administrative appeal with the Central Administrative Appeals Commission on August 19, 2019, but the Central Administrative Appeals Commission dismissed the Plaintiff’s claim on October 22, 2019.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, 11, 12 (including each number, hereinafter the same), the purport of the whole pleadings

2. Determination on the legitimacy of the instant disposition

A. The plaintiff's assertion 1) The plaintiff's argument was three times at the time of drinking alcohol measurement, and the first, the second, and the third, the second, the second, the second, the second, the second, the second, the second is suspected of the mistake of the drinking-free machine. 2) The plaintiff's disposition of this case is erroneous in the misapprehension of discretionary authority, taking into account the following circumstances: (a) the plaintiff caused a traffic accident or did not have any history of driving alcohol until the transfer; (b) the plaintiff voluntarily withdrawn the 6-hour volume after drinking; and (c) the plaintiff's driver's license is deemed not impeded; (d) there is a circumstance to consider the situation; and (e) the plaintiff's occupational driver's license is necessary; and (e) if the driver's license is revoked, the plaintiff and his family's family's livelihood is difficult.

(b) as shown in the attached Form of the relevant statutes;

C. The lawfulness of the disposition in this case is legitimate. 1) The facts acknowledged prior to the existence of the reason for the disposition are stated in the evidence No. 12 and No. 15.

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