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(영문) 울산지방법원 2017.09.07 2017구합5748
정직처분취소
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. The Plaintiff was newly appointed as a middle school teacher of the Incheon Metropolitan City Office of Education on March 30, 1998, and was serving as a public educational official from March 1, 2017 to March 1.

B. On October 12, 2016, the Defendant issued a one-month disciplinary measure against the Plaintiff on the ground that the Plaintiff committed the following misconduct (hereinafter “instant misconduct”) and violated the obligation to maintain good faith and the “Duty to maintain good faith” as stipulated in Articles 48 and 55 of the Local Public Officials Act.

On December 12, 2015, the suspect driven D 130 automobiles under the influence of alcohol with approximately 50 meters alcohol concentration of about 0.114% at a section of about 50 meters from the Southern-gu Office parking lot in Ulsan-gu, Ulsan-gu to the roads of the Kafin coffee store in the same Dong from the Nam-gu Office parking lot to the roads of the same Dong.

(hereinafter “Drinking in the instant case”). A suspected person had been subject to two times the Ulsan District Prosecutors’ Office’ Office as a violation of the Road Traffic Act (hereinafter “Drinking”).

On July 1, 2009, at around 21:54, the suspect driven a emeral car under the influence of alcohol level of about 0.065% at the section of about 100 meters from the 100m to the front of the emeral wedding hall located in Ulsan-dong, Ulsan-gu, Ulsan-do. On September 22, 201, the suspect driven a di30 vehicle under the influence of alcohol level of about 0.089% from the section of approximately 150 meters to the roads in front of the Namsan-dong, Ulsan-gu, Ulsan-do.

In order to avoid punishment, such as disciplinary action, a suspect did not disclose his status as a public official in the police investigation, and thus the Plaintiff did not disclose his status at the time of the investigation into the drinking driving of this case.

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