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(영문) 의정부지방법원 2020.11.23 2020구단1528
자동차운전면허취소처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of disposition;

A. On April 9, 2001, the Plaintiff acquired a driver’s license (class 1 ordinary). On September 7, 201, the Plaintiff, while driving under the influence of alcohol 0.071% of the blood alcohol level, went away from the site, was revoked on October 19, 201, and obtained a driver’s license (Class 1 large) on December 1, 201.

B. On May 30, 2020, at around 23:25, the Plaintiff, while under the influence of alcohol at around 0.158% of blood alcohol concentration, was driving about about 2 meters on the front side of the Namyang-si, Namyang-si (hereinafter “the instant drinking-driving”), and the Plaintiff shocked the parked cargo vehicle.

C. On June 25, 2020, the Defendant revoked the Plaintiff’s driver’s license on the ground of the instant drinking driving.

(hereinafter “instant disposition”) D.

On July 8, 2020, the Plaintiff dissatisfied with the instant disposition and filed an administrative appeal with the Central Administrative Appeals Commission, but filed an administrative appeal with the Central Administrative Appeals Commission

8.11. They were dismissed.

[Identification Evidence: Evidence No. 1, 2, 3, Evidence No. 1 through 12]

2. Whether the instant disposition is lawful

A. While a taxi was parked by using the Plaintiff’s assertion agent, the taxi was forced to drive the taxi by putting the light and cutting off the vehicle. Considering that the distance of movement is relatively short and ordinary driving and actively cooperated in the police investigation, the driver’s license is absolutely necessary for maintaining livelihood by engaging in household delivery business, and all circumstances, such as household type, etc., the instant disposition is beyond the scope of discretion or abuse of discretionary authority.

(b) No one shall drive a motor vehicle, etc. (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), tram, or bicycle while under the influence of alcohol;

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