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(영문) 서울고등법원 2018.12.21 2018누59153
자동차운전면허취소처분취소
Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. From 02:00 to 03:20 on September 8, 2017, the Plaintiff: (a) driven a 3km car with her friend while drinking together with her friend at the bar of “police hospital” located in Songpa-gu Seoul, Songpa-gu, Seoul; (b) around 03:50 on the roads near Gangnam-gu Seoul, where her friter trucking the back portion of the left part of the Plaintiff’s friend.

B. The plaintiff was discovered to be under the influence of alcohol in the process of dealing with the above accident, and as a result, the blood alcohol concentration was measured at 0.102% as a result of the police's blood alcohol measurement at around 04:10.

C. On October 12, 2017, the Defendant rendered a decision to revoke each of the first and second class ordinary vehicle driver’s licenses pursuant to Article 93(1)1 of the Road Traffic Act (hereinafter “instant disposition”) on the ground that the Plaintiff was under the influence of alcohol with a blood alcohol level of at least 0.1%, which is the base value for the revocation of driver’s license.

The Plaintiff appealed against the instant disposition and filed an administrative appeal, but the Central Administrative Appeals Commission dismissed the Plaintiff’s request for administrative appeal on February 6, 2018.

E. Meanwhile, the Plaintiff, while driving a motor vehicle while under the influence of alcohol 0.102% as seen above, shall be punished in accordance with the following subparagraphs by a person who drives a motor vehicle under the influence of alcohol in violation of Article 148-2(2)2 of the former Road Traffic Act (amended by Act No. 15,530, Mar. 27, 2018) of the Road Traffic Act (amended by Act No. 15, May 27, 2018) (2) Article 44(1):

2. A person whose blood alcohol content is not less than 0.1 percent but less than 0.2 percent shall be punished by imprisonment with prison labor for not less than six months but not more than one year, a fine not less than three million won but not more than five million won, and a summary order was requested by the Seoul Central District Court for a summary order as prescribed by Article 44(1) and was issued by the above court on October 18, 2017. A summary order of KRW 3,000,000 was issued by the above court, and around that time, the above summary order is issued.

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