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(영문) 서울고등법원 2015.11.13 2014누63529
자동차운전면허취소처분취소
Text

The judgment of the first instance shall be revoked.

On February 14, 2014, the defendant revoked the driver's license for the plaintiff.

Reasons

1. (1) On August 30, 2012, the Defendant: (a) issued a disposition to revoke the Plaintiff’s driver’s license (F) on the ground that: (b) on the grounds that (c) around June 24, 2012, the Plaintiff was under the influence of alcohol by 0.052% on blood alcohol level on the southyang-si, B; (d) on the ground that (e) the Plaintiff was under the influence of alcohol level 0.052% on the side of the Namyang-si, and (e) the Plaintiff was under the influence of alcohol level 0.052% on the part of the Plaintiff, and (e) did not take safeguard measures, etc., on the ground that (e) the Plaintiff was under the influence of alcohol level 0.25% on the part of the Plaintiff during the change of the tea line, the Defendant did not apply the disposition to change the period from September 28, 2012 to September 27, 2012 to 1.

On December 18, 2012, the Plaintiff filed a lawsuit against the Defendant seeking revocation of the above driver’s license revocation with the District Court of Jung-gu.

(2012Gudan3376). On March 4, 2013, the above court made a recommendation for mediation to the effect that “the defendant changed the revocation disposition against the plaintiff to the suspension disposition of driver’s license for 150 days,” and that the plaintiff would accept the said recommendation on March 14, 2013, and on April 1, 2013.

However, the defendant did not take a separate measure after the lapse of the suspension period of 150 days at the time.

x) After that, the prosecution again made the plaintiff a disposition of 5 million won a fine due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, the violation of the Road Traffic Act, and the violation of the Road Traffic Act.

2.3.

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