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(영문) 의정부지방법원 2017.10.25 2017구단1146
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. On May 25, 2017, the Defendant revoked the Plaintiff’s license to drive a motor vehicle stated in the purport of the claim on the grounds that “the Plaintiff was driven under the influence of alcohol on April 22, 2017 at around 04:18, while under the influence of alcohol at least 0.096%” with respect to the Plaintiff.

(hereinafter “instant disposition”). (b)

On June 7, 2017, the Plaintiff appealed and filed an administrative appeal with the Central Administrative Appeals Commission, but the Central Administrative Appeals Commission dismissed the appeal on August 8, 2017.

C. Meanwhile, the Plaintiff was under the influence of alcohol 0.163% on August 27, 2006, and blood alcohol 0.142% on May 8, 201, and was under the influence of alcohol.

[Ground of recognition] Facts without dispute, Gap evidence 2, 17 evidence, Eul evidence 1 to 13, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion is unlawful in light of all the following: (a) as a social welfare worker, the Plaintiff’s environmental driver’s license is essential; and (b) is using a usual driver’s license; and (c) no damage has occurred due to the instant drinking driving.

(b) Article 44 of the Road Traffic Act (amended by Act No. 14839, Jul. 26, 2017) (1) No person shall drive any motor vehicle, etc. under the influence of alcohol (including construction machinery other than construction machinery provided for in the proviso to Article 26 (1) of the Construction Machinery Management Act; hereafter the same shall apply in this Article and Articles 45, 47, 93 (1) 1 through 4 and 148-2);

(1) When a person who has obtained a driver's license (excluding any student license; hereafter the same shall apply in this Article) falls under any of the following subparagraphs, the commissioner of a district police agency shall grant a driver's license (including any driver's license within the scope; hereafter the same shall apply in this Article) in accordance with the standards prescribed by Ordinance of the Ministry of

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