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(영문) 수원지방법원 2016.06.01 2016구단487
자동차운전면허취소처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On July 13, 2015, the Defendant rendered the instant disposition with respect to the Plaintiff on the ground that, around 03:00 on June 8, 2015, the Plaintiff: (a) driven a Bpd motor vehicle from sheshesheshesheshesheshe was in the king-dong of Sungnam-gu, Sungnam-si, in a state of alcohol alcohol concentration under the influence of blood alcohol concentration; and (b) the Defendant refused a police officer’s request for a alcohol measurement on the spot upon receiving a report without justifiable grounds, by applying Article 93(1)3 of the Road Traffic Act, the Defendant revoked the Plaintiff’s Class 1 and Class 2 small-sized motor vehicles (C driver’s license) as of August 15, 2015.

[Ground of recognition] No dispute, entry of evidence of subparagraphs 4 through 8, the whole purport of pleading

2. Whether the instant disposition is lawful

A. The plaintiff asserted that the plaintiff sent a substitute engineer to drink alcohol to avoid driving alcohol, but he was locked accumulated to stroke, and he was found to have been exposed to the police officer who was dispatched after receiving a report in the situation where strokeing the driver while driving stroke.

At the time, the plaintiff did not go too under the influence of the influence of alcohol at the time, and in the situation where the plaintiff was making up for the feet without being informed of any disturbance during the arrest process, the plaintiff lost its nature and refused to comply with the request for alcohol

In addition to the above circumstances, considering the fact that the Plaintiff’s business operation to commute to and from male to Seoul as its self-employed person is unable to use public transportation as it last ends, support his or her wife and his or her dependent, and if his license is revoked, it is significantly hindered in the operation of the workplace and the maintenance of his or her livelihood, and his or her mistake is remarkably divided, the instant disposition constitutes an unlawful case where the Plaintiff excessively deviates from or abused discretion.

B. In full view of the following facts and circumstances acknowledged by the overall purport of the statements and arguments as stated in the evidence Nos. 9 and 15, the process or procedure of the police officer’s request for the measurement of alcohol at the time of the instant case.

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