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(영문) 수원지방법원 2018.07.20 2018구단1392
자동차운전면허취소처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. (i) On December 30, 2017, the Plaintiff was under the influence of alcohol of 02:15% of alcohol content, and the Plaintiff driven B rocketing car at approximately 14 km from the frequency collection parking lot near the Mapo-gu Seoul Hong National University to the entrance of Kimpo-si Underground Parking Lot.

B. On January 23, 2018, 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 January 30, 2018, 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 March 13, 2018.

【Facts without dispute over the grounds for recognition, Gap’s evidence 1, 2, Eul’s evidence 4 through 12, the purport of the whole pleadings

2. The Plaintiff asserts that the instant disposition is unlawful since it abused discretion, considering the following as a whole: (i) whether the instant disposition is legitimate; (ii) the Plaintiff is merely a simple drinking without an accident; (iii) the usual meeting uses a substitute driving; (iv) actively cooperate with an investigative agency; and (v) the fact that the Plaintiff’s driver’s license is necessary for the performance of duties and family life when working

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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