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(영문) 수원지방법원 2020.09.11 2020구단8549
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 April 24, 2020, at around 01:52, the Plaintiff driven B K5 automobiles while under the influence of alcohol at 0.089% of alcohol level, and 10 meters of the 10-meter level on the roads front K5-si C in the acceptable-si water zone.

B. On May 14, 2020, the Defendant issued a disposition revoking the first-class ordinary driver’s license against the Plaintiff on the ground that the Plaintiff was under the influence of alcohol with a blood alcohol level of at least 0.08%, which is the base value for revocation of the license (hereinafter “instant disposition”).

C. The Plaintiff filed an administrative appeal against the instant disposition, but the Central Administrative Appeals Commission dismissed the Plaintiff’s request for administrative appeal on July 7, 2020.

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

2. Whether the instant disposition is lawful

A. The gist of the plaintiff's assertion is that the plaintiff has been in the place of drinking alcohol and drinking an acting engineer, and there is no shouldering engineer, and if parking a vehicle in this place is not only interfered with other vehicles and people, but also the risk of an accident, the plaintiff has driven a short distance to park in the house parking lot, the plaintiff has been driving a short distance to park in the house parking lot, the plaintiff has experienced a traffic accident for not less than 15 years after having obtained a driver's license, there has been no history of driving driving or driving a drinking, and the plaintiff has no history of driving a drinking again, the plaintiff has been working in the technical business position at the company, and the plaintiff is currently in the technical business position, and the plaintiff is in most of the extra parts, such as hosting and delivery from outside the Seoul Metropolitan area and the right of loyalty, and the plaintiff's disposition should be taken into account in the workplace where the plaintiff has to pay the loan to his parent, and thus, the plaintiff should also have to pay the loan from the workplace.

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