(영문) 대구지방법원 2017.01.13 2016구단1948

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대구지방법원 2017.01.13 2016구단1948

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 July 20, 2016, the Defendant issued the instant disposition to revoke the Plaintiff’s driver’s license as of August 23, 2016, on the ground that the Plaintiff driven B vehicles under the influence of alcohol concentration of 0.131% on the road in front of the 3rd Seogu Seo-gu Incheon Metropolitan City 3 Complex on July 13, 2016.

B. The Plaintiff filed an administrative appeal against the instant disposition, but the Central Administrative Appeals Commission rendered a decision to dismiss the said claim on September 30, 2016.

【Unfounded facts, entry of evidence Nos. 1 and 8, and the purport of the whole pleadings】

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion (1) Inasmuch as there was an increase in the blood alcohol level at the time of measuring a dactical error against the Plaintiff, it may constitute less than 0.1% at the time of drunk driving.

(2) In light of the fact that the Plaintiff’s driver’s license was in the business of manufacturing deviation and abuse of discretionary power and the revocation of the driver’s license is difficult to maintain livelihood, the instant disposition is unlawful as it abused discretion.

B. (1) In light of the following facts, which are acknowledged by comprehensively integrating the purport of the entire pleadings in each statement of evidence Nos. 3 and 4 as to the assertion of misunderstanding of facts, even if the alcohol level at the time of measuring the alcohol level falls under the increase of blood alcohol level, in light of the amount of alcohol at the time of measuring the alcohol level and the Plaintiff’s condition at the time of measuring the alcohol level, the Plaintiff’s blood alcohol level at the time of driving constitutes the criteria for revoking the driver’s license under Article 91(1) [Attachment 28] of the Enforcement Rule of the Road Traffic

① Around 23:50 on July 13, 2016, the Plaintiff’s blood alcohol concentration was measured at 0.131% as a result of the alcohol measurement conducted by a drinking gauge at around 23:56, which was 6 minutes after the detection of a drunk driving.

② The Plaintiff is under investigation by the police, and the degree of one-half of a soldier’s disease from 19:00 to 23:00.

참조조문

-도로교통법 시행규칙 제91조 제1항

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