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(영문) 수원지방법원 2019.05.01 2019구단693
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 November 28, 200, the Plaintiff acquired a Class I ordinary driver’s license (B) and Class I special-purpose driver’s license on May 24, 2016, and around October 22, 2018, the Plaintiff driven approximately 1 km in the volume of the E-Sa car under the influence of alcohol 0.130% from the roads prior to C at the time of strike to D during the influence of alcohol at around October 22, 2018 (hereinafter “instant drinking”).

B. On November 9, 2018, the Defendant rendered a disposition to revoke the driver’s license stated in the preceding paragraph (hereinafter “instant disposition”) by applying Article 93(1)1 of the Road Traffic Act due to the instant drunk driving (hereinafter “instant disposition”).

C. The Plaintiff appealed and filed an administrative appeal with the Central Administrative Appeals Commission, but was dismissed on January 15, 2019.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, Eul evidence 1 to 12, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that the Plaintiff used a usual driving, and tried to use a substitute driving immediately before the pertinent drunk driving. The Plaintiff did not cause a traffic accident through the pertinent drunk driving, the Plaintiff was exemplary driving for 19 years without any particular accident, the Plaintiff is the representative of the company manufacturing L CD and automated equipment, which is “F”, and the Plaintiff is working on the date of supplying equipment of the L CD plant of the company at the time of strike on October 2018, and the Plaintiff’s house located in the same region at 05:30m each day to commute to and from work at the same time as the L CD factory of the company at the time of strike, the Plaintiff’s house located in the same region at 05:30 hours each day, and the public transportation required four hours each day, and the Plaintiff actively cooperate with the investigative agency in relation to the pertinent drunk driving, and the Plaintiff must provide support and household debts for 27 months and has a difficulty in taking into account the economic disposition of this case, such as abuse of discretionary power.

(b) judgment;

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