(영문) 수원지방법원 2020.10.16 2020구단3056

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원 2020.10.16 2020구단3056

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 February 1, 2020, while the Plaintiff was under the influence of alcohol at around 0.075% of blood alcohol level, the Plaintiff was driving at approximately 20 km from the Sinnam-dong to the Sinnam-dong of Incheon in the direction of 10.6 km from the Sinnam-dong to the Sinnam-dong Incheon in the flow circulation, while driving at approximately 20 km in the direction of Incheon in the 2nd, the Plaintiff was suffering from injury to the driver of the damaged vehicle for about two weeks due to the shock of the front wheel and the wheeler part of the passenger car driven in the same direction.

B. On February 26, 2020, the Defendant issued a disposition revoking the Class II ordinary driver’s license against the Plaintiff on the ground that the Plaintiff had injured the Plaintiff due to a traffic accident while driving a drunk (hereinafter “instant disposition”).

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 June 16, 2020.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3, Eul evidence 1 to 12, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The main point of the plaintiff's assertion is that the plaintiff gets a cab after drinking alcohol at 03:00 on the day on which the plaintiff's drinking driving is made, and she is thought to have driven a cab at 10:00 and to fully get a drunk, and that the plaintiff will not drive a drinking again; the plaintiff is going against the plaintiff and will not drive a drinking again; the plaintiff must move in and out of the military unit to work as an air force noncommissioned Officer; when a sudden situation such as emergency call occurs, he must arrive promptly in the military unit; the bus stop is only one bus stop in the near the military unit, and the bus bus stop time is also equipped with the same mobility at the time of his duties, and if the driver's license is revoked due to the relation that the driver's license is impossible to perform his duties, and it is in the situation where the plaintiff will terminate his duties.

유사 판례

-수원지방법원 2020.08.21 2020구단2237

-부산고등법원 2015.09.09 2015나1062

-수원지방법원 2020.09.25 2020구단2947

-수원지방법원성남지원 2020.12.16 2020고단3200

-수원지방법원 2020.11.27 2020구단3780