(영문) 수원지방법원 2020.01.10 2019구단3180

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원 2020.01.10 2019구단3180

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 November 4, 2018, the Plaintiff was under the influence of alcohol 0.075% by driving a motor vehicle while under the influence of alcohol, and was given a mark of 100 points.

B. At around 00:50 on March 24, 2019, the Plaintiff, while under the influence of alcohol of 0.051%, driven a B-typ vehicle with the highest alcohol level, and 200 meters from the D-E in Sin Sin Sin Sin Sin Sin Sin Sin Sin Sin Sin E from the D-typ road to the front road in E, and thereby, received additional penalty points of 100.

C. On April 11, 2019, the Defendant issued a disposition to revoke the first-class large and first-class ordinary driver’s license to the Plaintiff (hereinafter “instant disposition”) on the ground that the Plaintiff’s given given given given penalty points as above and the total (200 points) points was 121 or more points per year, which is the criteria for revocation of driver’s license (hereinafter “instant disposition”).

The Plaintiff appealed against the instant disposition and filed an administrative appeal, but the Central Administrative Appeals Commission dismissed the Plaintiff’s request for administrative appeal on August 13, 2019.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 12, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The main point of the Plaintiff’s assertion is that no personal or material damage has occurred due to the Plaintiff’s drunk driving, the Plaintiff’s side-to-work hours are 7:0 p.m. and the Plaintiff’s side-time work hours begin from 7:0 p.m. and 1:20:0 p.m. from 4:10 p.m. to 20:0 p.m. on the following day. The night work hours are from 4:0 p.m. to 1:20 p.m.., since the Plaintiff’s driver’s license cannot be used due to the nature of the work, so if the Plaintiff’s driver’s license is revoked and it is necessary to prevent the Plaintiff from driving for a long time due to the cancellation of his/her driver’s license, the instant disposition is in a position to retire from work, and the Plaintiff must support his/her spouse and two children, and the principal and interest

유사 판례

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