logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2019.01.18 2018구단3824
자동차운전면허취소처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. (i) On May 18, 2018, while under the influence of alcohol of 0.20% of blood alcohol content on May 18, 2018, the Plaintiff driven Category B C car to the intersection of the e-mail distance in the e-mail located in Sungnam-gu, Sungnam-gu, Sungnam-si.

At the time, the plaintiff was involved in a physical damage accident leading to a traffic-related vehicle that was in the atmosphere.

B. On June 19, 2018, the Defendant rendered the instant disposition to the Plaintiff on the grounds of Article 93(1)1 of the Road Traffic Act, which revoked the driver’s license (Class I common).

Article 22(1) of the former Administrative Appeals Commission Act (amended by Presidential Decree No. 2010, Aug. 21, 2018; Presidential Decree No. 2420, Aug. 21, 2018)

【Facts without dispute over the grounds for recognition, Gap’s evidence 1, 2, Eul’s evidence 4 through 13, the purport of the whole pleadings

2. In full view of the following: (i) the Plaintiff’s disposition in this case is lawful; (ii) the Plaintiff used a substitute driving; (iii) actively cooperate with the police investigation; and (iv) the Plaintiff’s agency management and customer company’s business are concurrently entrusted in a company located far away from his/her residence; and (v) the Plaintiff’s driver’s license is required for the performance of duties and family life; and (iv) the instant disposition is unlawful

According to Article 93(1)1 of the Luxembourg Road Traffic Act and Article 91(1)28 of the Enforcement Rule of the same Act, the time when a driver drivess in a drunken state (not less than 0.1% of blood alcohol level) shall be determined based on the revocation of the license, and the disposition penalty points may be mitigated to 110 points for “a person who is an important means to maintain his family’s livelihood, is engaged in transport service activities for not less than three years at the time of the disposition as an exemplary driver, or who has received an official commendation of the chief of a police station or higher by causing a traffic accident and arresting an escape driver and does not meet the specified exclusion requirements.”

arrow