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(영문) 수원지방법원 2019.11.06 2019구단3210
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 November 9, 199, the Plaintiff acquired a Class II ordinary driver’s license (B) and obtained Class I ordinary driver’s license on November 9, 2018, and was subject to a disposition of suspension of driver’s license for 100 days (from March 27, 2019 to July 4, 2019) with a mark of 100 points for driving under the influence of alcohol (0.093% alcohol level) on February 2, 2019.

B. On April 27, 2019, the suspension period of driver’s license was around 18:09, the Plaintiff controlled D golf cars driving approximately KRW 1 km (hereinafter “instant driving”) on the day from the roads near Dacheon-si to the roads front of the various post offices street located in the same city.

C. On May 10, 2019, the Defendant rendered a disposition to revoke the Plaintiff’s driver’s license by applying Article 93(1)19 of the Road Traffic Act on the ground of driving during the suspension period of the driver’s license as stated in the preceding paragraph (hereinafter “instant disposition”).

The plaintiff appealed against this and filed an administrative appeal with the Central Administrative Appeals Commission, but dismissed on July 16, 2019.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 6, Eul evidence 1 to 11, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion that the plaintiff did not cause a traffic accident through the driving of this case, the plaintiff actively cooperates with and reflects to the investigation agency about the driving of this case, the plaintiff is employed as the head of the estimated execution team at E Co., Ltd., which is a mantech company, and visits each field. As such, the driver's license is essential. The plaintiff needs a driver's license. The amount of the plaintiff's license's 10 or more sexual intercourses with the appearance requires economic support, which is economically difficult due to family support, apartment loan repayment, living expenses, etc., and the plaintiff's blood donation activities are conducted prior to the delivery of the F contribution at ordinary times, and there is an error of deviation and abuse of discretion.

B. Determination 1 sanctions are imposed.

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