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(영문) 수원지방법원 2018.06.29 2018구단1118
자동차운전면허취소처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. (i) On September 16, 2017, the Plaintiff driven a vehicle B with low alcohol level of 00:160% under the influence of alcohol around 00:52 on September 16, 2017, with approximately 100 meters from the eropo-dong telephone station distance to the eropo-si (5%) in front of the eropo-si.g., Bucheon-si.

B. On November 13, 2017, 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).

On December 1, 2017, the Plaintiff appealed against the instant disposition and filed an administrative appeal with the Central Administrative Appeals Commission, but the Central Administrative Appeals Commission dismissed the said request on February 27, 2018.

【Facts without dispute over the grounds for recognition, Gap’s evidence 1, 2, Eul’s evidence 4 through 16, the purport of the whole pleadings

2. The Plaintiff asserts that the instant disposition is unlawful since it abused or abused discretion, considering the following as a whole: (i) whether the instant disposition is legitimate; (ii) the Plaintiff is merely a simple driving without an accident; (iii) the ordinary party uses a substitute driving; (iv) the investigative agency actively cooperates with the investigation agency; and (v) the Plaintiff’s driver’s license is necessary for the performance of duties and family life as boiler service engineers

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, when driving under the influence of alcohol (not less than 0.1% of blood alcohol concentration) shall be determined based on the revocation of the license, and the disposal penalty points shall be mitigated to 110 points for “a person who has been given an official commendation by the chief of a police station or higher for at least three years at the time of the disposition as an exemplary driver, or who has been given an official commendation by the chief of a police station or higher by causing a traffic accident, or who has been given an official commendation by the head of a police station or higher at the time of the disposition as an exemplary driver.” One of the requirements for the exclusion from mitigation, when driving under the influence of alcohol exceeds 0.12% of the blood alcohol concentration,

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