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(영문) 창원지방법원 2019.09.04 2018구단12757
자동차운전면허취소처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Summary of disposition;

A. On December 4, 2018, the Defendant issued a revocation of a driver’s license (hereinafter “instant disposition”) to the Plaintiff on the ground that “The Plaintiff, while under the influence of alcohol of 0.087% of blood alcohol level on June 20, 2018, driven a D car at a distance of about 100 meters from the macro-city B apartment parking lot to the front intersection of C, and collision with the part concerning the part concerning the victim’s E-motor vehicle driving that passed the said intersection with the front part of the Plaintiff’s driving vehicle, thereby causing injury to the victim, such as light salt, tension, etc. in need of approximately two weeks medical treatment.”

B. On December 28, 2018, the Plaintiff filed an administrative appeal with the Central Administrative Appeals Commission (the Central Administrative Appeals Commission), but the judgment dismissing the Plaintiff’s request was rendered on February 12, 2019.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 and 19, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The plaintiff's assertion that the plaintiff drank only after the above traffic accident and did not drive under the influence of alcohol, the plaintiff was investigated as a victim in the traffic accident, and the plaintiff's health condition, etc. are not recognized as grounds for disposition or constitutes abuse of discretionary power.

B. (1) Determination is based on the following circumstances, which are acknowledged by the overall purport of the statement and pleading of the evidence Nos. 5 and 14 as follows: ① the victim stated to the Plaintiff immediately after the accident, ② the victim was also likely to report to the police after the accident, and ② the police was also able to sufficiently anticipate the possibility of the victim's reporting to the police after the accident, and the vehicle driver who caused the traffic accident is required to take a alcohol test if the police snife the vehicle. However, even when the accident processing was not properly conducted, the Plaintiff's statement that the vehicle snife the vehicle after the accident is drunk.

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