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(영문) 대구지방법원 2020.06.19 2020구단799
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 October 23, 2019, at around 02:10, the Plaintiff: (a) discovered police officers who were under drinking control while driving a DNA low-water vehicle while under the influence of alcohol (hereinafter “instant drunk driving”) on the front of the road located in Daegu Suwon-gu B; and (b) did not detect it in the drinking control; (c) neglected the stop signal of the traffic police officer; (d) obstructed the back part of the driver’s seat of the patrol vehicle stopped before and stopped.

B. On October 23, 2019, around 02:20 on October 23, 2019, police officers in charge of the crackdown measured the Plaintiff’s breath alcohol level by the breath measurement method and measured at 0.116% of alcohol level.

C. On November 21, 2019, the Defendant rendered a decision to revoke the Plaintiff’s driver’s license (class 1 common) as of December 25, 2019 pursuant to Article 93(1)1 of the Road Traffic Act against the Plaintiff on the ground of the instant drunk driving.

(hereinafter “instant disposition”) D.

The Plaintiff appealed against the instant disposition and filed an administrative appeal, but the Central Administrative Appeals Commission rendered a ruling dismissing the Plaintiff’s claim on March 10, 2020.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2, 3, Eul evidence 1 to 8 (including provisional number), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion 1) The Plaintiff’s final drinking time is 01:20, the time of the Plaintiff’s drinking, the time of the breath measurement is 02:20, and the Plaintiff’s blood alcohol level at the time of the breath test. Therefore, the Plaintiff’s blood alcohol level at the time of the breath test cannot be seen as 0.116%, and the disposition of this case is erroneous in misunderstanding of facts. 2) The Plaintiff did not have any history of driving prior to the breath test. The Plaintiff is a company, the Plaintiff is the Plaintiff, and the Plaintiff is absolutely necessary due to its workplace and characteristics of its duties, and the Plaintiff suffers economic difficulties.

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