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(영문) 수원지방법원 2020.05.22 2018구단4759
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 August 21, 2018, while under the influence of alcohol at 0.18.20%, the Plaintiff driven the B-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S.

B. On September 22, 2018, the Defendant issued a disposition revoking Class I and II ordinary drivers’ licenses to the Plaintiff on September 22, 2018 (hereinafter “instant disposition”) on the ground that the Plaintiff did not take necessary measures to cause the Plaintiff to injure others due to traffic accidents.

C. The Plaintiff filed an administrative appeal against the instant disposition, but the Central Administrative Appeals Commission dismissed the Plaintiff’s request for administrative appeal on November 6, 2018.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, Eul evidence Nos. 1 to 20, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The summary of the Plaintiff’s assertion 1) The non-existence of the grounds for disposition did not recognize the fact of the instant accident because the Plaintiff did not know the fact of the accident itself as it was insignificant at the time, and does not escape without any action even with the knowledge that the accident occurred. In addition, the superior situation where the said victims suffered from the instant accident cannot be deemed as an injury because it was insignificant. 2) Since the Plaintiff acquired a driver’s license, the Plaintiff caused a traffic accident for about 37 years, or driven under the influence of alcohol.

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