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(영문) 대전지방법원 2020.09.10 2020구단881
자동차운전면허취소처분취소
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Details of the disposition;

A. On December 3, 2019, at around 20:27, the Plaintiff driven C vehicle under the influence of alcohol level of 0.077% in front of Geumsan-gun, Geumsan-gun (hereinafter “instant drunk driving”).

B. On December 16, 2019, the Defendant rendered a disposition to revoke the Plaintiff’s driver’s license (class 1, class 2, and class 2) pursuant to Article 93(1)2 of the Road Traffic Act on the ground that the Plaintiff was driving under the influence of alcohol in the instant case even though he had past history of driving (hereinafter “instant disposition”).

C. The Plaintiff filed an administrative appeal seeking revocation of the instant disposition with the Central Administrative Appeals Commission, but was dismissed on March 10, 2020.

On February 14, 2020, a summary order of KRW 5 million was issued to the Plaintiff on February 14, 2020 as Daejeon District Court 2019 High Court Decision 13599, and the said summary order was finalized on March 14, 2020.

E. Meanwhile, the plaintiff has driven a motor vehicle while under the influence of alcohol before driving the motor vehicle in this case.

[3] The elements and the purport of the whole pleadings and arguments as to the drinking (including the serial number) under the influence of alcohol on March 31, 2003. The ground for recognition is without any dispute, which is significant to this court, the records in Gap's 1, 2, 5, Eul's 1 and 13 (including the serial number).

2. Whether the disposition is lawful;

A. The plaintiff's assertion 1) At the time of the crackdown on the so-called alcohol driving of this case, the plaintiff argued that the plaintiff's assertion of procedural defects had been made that the plaintiff had a few decentralization from the point of time of the last drinking, so it had been measured after providing sufficient water in accordance with the traffic control guidelines after 20 minutes of the last drinking time. However, the control police officer provided only the small amount of water (180 ml) of the level of the ordinary cup, which caused him to be left as the water, so that he had a 70,000 square meters of the last drinking time after the last drinking time. This is a procedural defect related to the so-called alcohol control. 2) The flow of traffic caused by the so-called alcohol driving of this case by discretionary discretion and abuse of deviation, or caused a traffic accident.

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