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(영문) 의정부지방법원 2019.10.14 2019구단6220
자동차운전면허취소처분취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of disposition;

A. On July 27, 200, the Plaintiff was engaged in a pharmaceutical company’s business. On March 1, 2001, the Plaintiff acquired a driver’s license (Class 1 ordinary) and was discovered while driving under the influence of alcohol 0.133% on March 1, 2001, and the driver’s license was revoked on April 10, 2001. On August 22, 2002, the Plaintiff acquired a driver’s license (Class 2 ordinary) on May 7, 2012, and thus, acquired the driver’s license on June 24, 2012 (Class 2 ordinary).

B. On March 22, 2019, the Plaintiff was under the influence of alcohol at around 05:49, while driving a 0.109% of alcohol level, the Plaintiff driven Bpice-free car on the front of the 2nd parking lot in Songpa-gu Seoul, Songpa-gu, Seoul (hereinafter “instant drinking”).

C. On April 5, 2019, the Defendant revoked the Plaintiff’s driver’s license on the ground of the instant drinking driving.

(hereinafter “instant disposition”) D.

The Plaintiff dissatisfied with the instant disposition and filed an administrative appeal with the Central Administrative Appeals Commission on April 24, 2019, but filed an administrative appeal with the Central Administrative Appeals Commission.

6. The dismissal was 27.

[Identification Evidence: Evidence No. 1 to 4, Evidence No. 1 to 14]

2. Whether the instant disposition is lawful

A. The instant disposition was abused discretion by exceeding the scope of discretion, considering all circumstances, such as the fact that the Plaintiff’s vehicle driven in the parking lot was 3 to 5 meters away from the Plaintiff’s assertion-type position, the driving of a motor vehicle was conducted, the flow of traffic was obstructed, or the accident was not caused, the first substitute driving engineer was attempted to take part in the vehicle calculation officer, the fact that the vehicle was discovered due to the ditch with the parking lot calculation officer, the use of ordinary driving and the cooperation with the police investigation, and the fact that the instant driver’s license reflects the instant drinking driving and cooperates with the instant police investigation, and that the driver’s license absolutely needs to support and is economically difficult.

B. Article 44 of the former Road Traffic Act (wholly amended by Act No. 15530, Mar. 27, 2018) (Prohibition of Driving under the influence of alcohol) (1).

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