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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 수원지방법원 2018.06.01 2018구단368
자동차운전면허취소처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. (i) On August 18, 2017, the Plaintiff driven, under the influence of alcohol of 0.145% of alcohol content on blood on August 18, 2017, approximately 50 meters prior to the airport of Gangseo-gu Seoul, Gangseo-gu, Seoul, for the 269-15 front of the road under the influence of alcohol content 0.145%.

B. On August 31, 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).

Article 22(1) of the former Administrative Appeals Commission Act (amended by Presidential Decree No. 20100, Nov. 1, 2017) provides that “The administrative appeals shall be dismissed by the Central Administrative Appeals Commission” on September 18, 2017.

【Facts without dispute over the grounds for recognition, Gap’s evidence 1, 2, Eul’s evidence 4 through 13, the purport of the whole pleadings

2. The plaintiff asserts that the disposition of this case is legitimate, considering the following as a whole: (i) merely a simple driving without an accident; (ii) there is no traffic accident or alcohol driving force for about 26 years; (iii) the substitute driving engineer was sent to the day of the case; and (iv) the substitute driving engineer was engaged in a short-distance driving to take into account more easily the plaintiff's vehicle; and (iv) the company (software development and supply business); and (v) the driver's license is necessary for the performance of duties and family life, the disposition of this case should be revoked because it is unlawful because it abused the discretion.

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, the time when a person drives in a drunken state (not less than 0.1% of blood alcohol concentration) shall be determined on the basis of the revocation of the license, and it shall be determined on the basis of the revocation of the license as to “a person who is an important means to maintain his family’s livelihood, is engaged in transport service activities for not less than three years at the time of the disposition as an exemplary driver, or who has received an official commendation of the chief of a police station or higher by causing

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