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(영문) 춘천지방법원 2018.11.20 2018구합5442
자동차운전면허취소처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Details of the disposition

On October 15, 2007, the Plaintiff was discovered while driving a motor vehicle while under the influence of alcohol alcohol level of 0.064% on October 15, 2007 and was subject to the disposition of the suspension of the driver’s license.

On August 31, 2010, the Plaintiff was discovered while driving a motor vehicle while under the influence of alcohol 0.135% in blood alcohol level, and was subject to revocation of the driver's license.

On February 2, 2018, at around 00:27, the Plaintiff driven Bchier car under the influence of alcohol with approximately 0.098% alcohol concentration at a distance of about 200 meters from the street in front of the Sinsi-dong Sinsan Tourist Hotel to the street in front of the Sinsi-dong Water Resources Corporation.

(hereinafter) On February 19, 2018, the Defendant issued a disposition to revoke the Plaintiff’s driver’s license as of March 17, 2018 pursuant to Article 93(1)2 of the Road Traffic Act (hereinafter “instant disposition”) against the Plaintiff on the ground of the instant drunk driving (hereinafter “instant disposition”).

On March 5, 2018, the Plaintiff filed an administrative appeal seeking revocation of the instant disposition with the Central Administrative Appeals Commission, and the Central Administrative Appeals Commission rendered a ruling dismissing the Plaintiff’s claim on April 24, 2018.

【In light of the fact that there is no dispute over the ground of recognition, the statement of Eul evidence Nos. 1 through 13 (the number of pages is included; hereinafter the same shall apply), the purport of the entire pleadings, and the legitimacy of the disposition of this case, the plaintiff's assertion as to whether the disposition of this case is legitimate, including ① the fact that the substitute driver was forced to drive under the influence of alcohol, ② the fact that he is unable to maintain his livelihood when he is unable to drive under the disposition of this case, ③ the fact that there is no personal injury caused by the driving of this case, ④ the fact that the blood alcohol level was not high, and ④ the fact that the blood alcohol level was not high and that the disposition of this case is against the depth after the driving of this case, there is an

The indication of the relevant regulations shall be as shown in the attached Form.

Judgment

Articles 93 (1) 2 and 44 (1) of the Road Traffic Act.

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