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(영문) 수원지방법원 2019.01.16 2017구단7430
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. The Plaintiff obtained a Class I ordinary driving license on October 28, 1991. On November 13, 1993, the Plaintiff was subject to a disposition of revocation of a driver’s license by driving an automobile while driving the automobile under the influence of alcohol on November 13, 1993, and was subject to a disposition of revocation of a driver’s license by driving the automobile under the influence of alcohol on August 26, 201, while obtaining a Class I ordinary driving license under the influence of alcohol on August 25, 1995, but was subject to a disposition of revocation of a driver’s license by driving the automobile under the influence of alcohol on April 13, 1998, and was subject to a disposition of revocation by driving the automobile under the influence of alcohol on October 121, 2014.

B. On May 12, 2016, the Plaintiff acquired a Class II ordinary driver’s license (B), and around March 9, 2017, around 19:40, the Plaintiff controlled the Esch Rexton’s vehicle quantity by driving approximately 500 meters of alcohol (hereinafter “instant drunk driving”) while under the influence of alcohol 0.118% from the mutual influence in the trade name in Pyeongtaek-si located in Pyeongtaek-si to D.

C. On March 20, 2017, the Defendant rendered a disposition to revoke the license for driving under the preceding paragraph (hereinafter “instant disposition”) by applying Article 93(1)1 of the Road Traffic Act to the Plaintiff on the ground of the instant drunk driving.

The plaintiff appealed against this and filed an administrative appeal with the Central Administrative Appeals Commission on July 4, 2017.

E. On September 20, 2017, the Plaintiff was sentenced to imprisonment for 8 months with prison labor, and a suspended sentence of 2 years, on the grounds that he/she was convicted of all of the instant case involving drinking driving, etc. on September 20, 2017, which was sentenced to a judgment of dismissal on January 19, 2018. The Plaintiff appealed under this court 2017No7341, but was sentenced to a judgment of dismissal on April 26, 2018.

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