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(영문) 수원지방법원 2020.04.24 2019구단4985
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 14, 2003, the Plaintiff driven a motor vehicle while under the influence of alcohol 0.091% of alcohol level.

B. After that, on September 17, 2019, the Plaintiff, while under the influence of alcohol of 0.034% of blood alcohol level on September 20:3, 201, driven a passenger car of B SP site from Echeon-si to Echeon-si, 2 km away from Echeon-si to Echeon-si, from Echeon-si to Echeon-si, 34 km.

C. On October 1, 2019, the Defendant issued a disposition revoking the first-class ordinary driver’s license to the Plaintiff on October 1, 2019 (hereinafter “instant disposition”) on the ground that the Plaintiff was driving again under the influence of drinking alcohol.

The Plaintiff appealed against the instant disposition and filed an administrative appeal, but the Central Administrative Appeals Commission dismissed the Plaintiff’s request for administrative appeal on December 3, 2019.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, Eul evidence Nos. 1 to 13, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. In light of the purport of the Plaintiff’s assertion that no personal or material damage has occurred due to the Plaintiff’s drinking operation, and the distance of the Plaintiff’s driving is relatively short, the Plaintiff’s self-driving will not drive under the influence of alcohol again, and the Plaintiff is living in the workplace due to the Plaintiff’s surgery; the Plaintiff is in a life while taking a back-on control after departure from the workplace; there is no way to maintain livelihood because employment is difficult upon cancellation of the driver’s license; and the Plaintiff is obliged to support his spouse and her son’s child, the instant disposition in this case should be revoked because it is too harsh to the Plaintiff, thereby abusing and abusing discretionary power.

B. The proviso of Article 93(1) of the Road Traffic Act and Article 93(1)2 of the same Act stipulate that the driver of a motor vehicle who drives a motor vehicle under the influence of alcohol shall revoke the driver’s license in a case where the person who drives the motor vehicle

As seen earlier, the Plaintiff is driving under the influence of alcohol again under the influence of alcohol driving.

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