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(영문) 울산지방법원 2016.06.02 2015구합6679
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 June 17, 1981, the Plaintiff acquired a Class 1 ordinary vehicle driver’s license.

B. On June 25, 2015, the Plaintiff, while under the influence of alcohol at 0.165% of blood alcohol level, conflict with D-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W

C. On July 20, 2015, the Defendant issued a disposition to revoke the Plaintiff’s driver’s license pursuant to Article 93(1)1 of the Road Traffic Act (hereinafter “instant disposition”). D.

On August 4, 2015, the Plaintiff appealed against the instant disposition and filed an administrative appeal with the Central Administrative Appeals Commission, but received a dismissal ruling on September 1, 2015.

[Reasons for Recognition] Facts without dispute, Gap evidence 1 through 4, 6, 7, Eul evidence 1 through 13, and 15 (including the number of each branch), the purpose of the whole pleadings and arguments

2. Whether the instant disposition is lawful

A. The plaintiff's assertion that the plaintiff moved the vehicle of this case without any intention to drive under the influence of alcohol because he had been forced to move the vehicle while divingd from the vehicle of this case in order to escape alcohol. The distance of the plaintiff's driving is about 5 meters, the plaintiff's mother who suffered from her disease and behavior disorder are living hard while supporting the remaining her who suffered from her behavior disorder. The plaintiff is engaged in the personal taxi transportation business from around 2006 to the present day. If the plaintiff's driver's license is revoked, the driver's license for personal taxi transportation business is revoked and the living of the plaintiff and her family is threatened, and the plaintiff join an exemplary driver's meeting and join the exemplary driver's meeting in around 199.

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