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(영문) 수원지방법원 2018.06.08 2018구단566
자동차운전면허취소처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. (i) On October 14, 2017, the Plaintiff driven a B window-morom car at around 22:51% of alcohol concentration on blood, around 22:51, with approximately 0.151% of alcohol content, up to 1:2 km of Gangseo-gu Seoul Gangseo-gu, Gangseo-gu, Gangseo-gu, Gangseo-gu, Seoul Metropolitan Government on the drinking elbba-2, and the front road of GyeyangIC.

B. On November 13, 2017, the Defendant rendered the instant disposition to the Plaintiff on the grounds of Article 93(1)1 of the Road Traffic Act, which revoked the driver’s license (class 1 common and class 2 common).

On November 22, 2017, the Plaintiff filed an administrative appeal with the Central Administrative Appeals Commission against the instant disposition. However, the Central Administrative Appeals Commission dismissed the said request on January 9, 2018.

【Facts without dispute over the grounds for recognition, Gap 1, 2 evidence, Eul 4 through 15, the purport of the whole pleadings

2. The Plaintiff asserts that the instant disposition is unlawful since it abused discretion, considering the following as a whole: (i) whether the instant disposition is legitimate; (ii) the Plaintiff is merely a simple drinking without an accident; (iii) the Plaintiff actively cooperated with an investigation agency; and (iv) the performance of the instant disposition and the need for a driver’s license for family life in the course of

According to Article 93(1)1 of the Luxembourg Road Traffic Act and Article 91(1)28 of the Enforcement Rule of the same Act, when driving under the influence of alcohol (not less than 0.1% of blood alcohol level) shall be determined based on the revocation of the license, and the disposition penalty shall be mitigated to 110 points for the "persons who have been given an official commendation by the chief of a police station or higher for at least three years as an exemplary driver, or who have been given an official commendation by the chief of a police station after causing a traffic accident or arresting an escape driver and do not meet the specified exclusion requirements." One of the requirements for exclusion from mitigation, when driving under the influence of alcohol exceeds 0.12%, causing a traffic accident during drinking.

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