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(영문) 수원지방법원 2018.05.23 2018구단795
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. The Plaintiff obtained a Class 2 ordinary driver’s license on November 26, 1991, but was under influence on April 26, 1996, and thus revoked the driver’s license. On April 30, 1998, the Plaintiff again acquired a Class 2 ordinary driver’s license on April 30, 1998, but was under influence on October 5, 2006, resulting in a traffic accident involving human and material injury while driving while under influence of alcohol, and subsequently revoked the driver’s license. On November 27, 2007, the Plaintiff again acquired a Class 2 ordinary driver’s license on November 27, 2007, but was under influence on October 155, 2012, and was subject to revocation of the license by causing a traffic accident causing personal and material injury.

B. On June 29, 2015, the Plaintiff again acquired a Class II ordinary driver’s license (B), and around 07:55 on September 16, 2017, the Plaintiff, while under the influence of alcohol of 0.05%, controlled a Class II ordinary driver’s license (B) from the Do in front of the Gun, Seogyeong-dong, Sinung-dong, Sinung-si, Singu, to the front day of the same Sinsi Industrial High School (hereinafter “Seoul High School”).

B. On September 29, 2017, the Defendant issued a disposition to revoke the driver’s license stated in the preceding paragraph (hereinafter “instant disposition”) on October 31, 2017 by applying Article 93(1)2 of the Road Traffic Act on the ground of a drunk driving as stated in the preceding paragraph to the Plaintiff on September 29, 2017.

C. The Plaintiff appealed and filed an administrative appeal with the Central Administrative Appeals Commission, but was dismissed on December 22, 2017.

[Ground of recognition] Facts without dispute, Gap evidence 6, Eul evidence 1 to 12, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion did not cause a traffic accident on September 16, 2017 due to drinking alcohol on or around 07:55, and on September 21, 2017, around 21:03, the Plaintiff left home and she was frighted at around 22:00 after divided into three employees and three soldiers on September 15, 2017, and she went back to home at around 22:00. On the following day, the Plaintiff she was driving under force beyond the influence of alcohol because she was not frightd at all, and thus, she was unable to predict the state of drunk.

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