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(영문) 수원지방법원 2015.08.26 2015구단31439
자동차운전면허취소처분취소
Text

1. Class II small-sized vehicles among the Defendant’s disposition of revocation of the license for driving on October 22, 2014 against the Plaintiff on September 26, 2014.

Reasons

1. Details of the disposition;

A. On February 1, 2002, the Plaintiff driven a motor vehicle under the influence of alcohol of 0.137%, while driving the motor vehicle under the influence of alcohol of 0.137%. On April 7, 2008, the Plaintiff driven a motor vehicle under the influence of alcohol of 0.124% and was discovered while driving the motor vehicle under the influence of alcohol of 0.124% on April 7, 2008. On August 16, 2014, the Plaintiff driven a Bpod truck (total weight of 3,425km) in front of the Asi-dong Office under the influence of 0.074% alcohol concentration of 0.10%.

B. On September 26, 2014, the Defendant rendered the instant disposition to the Plaintiff on October 22, 2014 by applying Article 93(1)2 of the Road Traffic Act to the Plaintiff on the ground of the foregoing drunk driving. As of October 22, 2014, the Defendant revoked the Plaintiff’s first class large, first class special, first class special, first class and second class small vehicle driver’s license (license number: C).

[Ground of recognition] Class A evidence Nos. 1, 3, Eul evidence Nos. 1 through 13, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion (1) revocation of all driver’s licenses, including Class II driver’s license, held by the Plaintiff is unlawful. <2> The Plaintiff’s revocation of the instant disposition is unlawful in light of various circumstances, including the following: (a) the Plaintiff’s waiver of blood measurement method on the ground that blood was not an issue before 10 years from the enforcement officer; (b) the Plaintiff’s waiver of blood measurement method; (c) the Plaintiff was procedurally unlawful by depriving the Plaintiff of an opportunity to appeal the result of the pulmonary measurement; and (d) the Plaintiff’s operation and occupation of a siren; and (c) the Plaintiff was exposed in the course of driving a vehicle in contact with the Plaintiff’s home and was exposed to a traffic accident while driving the vehicle in order to lease the vehicle to the driver of the affected vehicle; and (d) the instant disposition

B. There are many kinds of persons who held that multiple driver's licenses are revoked.

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