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(영문) 수원지방법원 2018.03.28 2017구단9290
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 September 10, 1998, the Plaintiff acquired a Class 1 ordinary driver's license and renewed Class 1 ordinary driver's license (B) on May 9, 201, while under the influence of alcohol on March 26, 199, under the influence of 0.08% on December 17, 2003, while under the influence of alcohol of 0.08% on August 25, 2004, while under the influence of alcohol of 0.091% on August 25, 2004.

B. On May 2, 2017, around 23:55, the Plaintiff was under the influence of alcohol of approximately 0.096% of blood alcohol level from 1290-No. 105 Mo-ro 105 E200 m. to the front of the road, and was under the influence of alcohol level 0.096% of alcohol level.

C. On June 7, 2017, the Defendant: (a) applied Article 93(1)2 of the Road Traffic Act as of June 30, 2017 to the Plaintiff on the ground of a drunk driving as stated in the preceding paragraph; (b) revoked the driver’s license stated in the preceding paragraph (hereinafter “instant disposition”). D.

On October 1, 2017, the plaintiff appealed to the Central Administrative Appeals Commission, but was dismissed on October 1, 2017.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, Eul evidence Nos. 1 to 13, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion 1) The instant disposition under Article 93(1)2 of the Road Traffic Act is punished once again for the reason that the Plaintiff had already been punished, and thus, is unlawful against the principle of prohibition of double evaluation. 2) The revocation of a driver’s license under Article 93(1)2 of the Road Traffic Act has the limit to apply to one driver’s license. The Plaintiff had the previous driver’s license revoked after the previous three-time driving of a motor vehicle and renewed the new first-class ordinary (B) license. The instant disposition grounds for suspension of a driver’s license are the same as that of the instant disposition.

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