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(영문) 수원지방법원 2019.05.17 2019구단433
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 September 13, 201, the Plaintiff was subject to the disposition of the suspension of driver’s license on September 13, 201, by causing a traffic accident involving two victims while driving under the influence of alcohol (0.071% of blood alcohol level), and by driving under the influence of alcohol (0.081% of blood alcohol level) on April 13, 201.

B. On October 4, 2018, at around 23:41, the Plaintiff driven B rocketing car while under the influence of alcohol of 0.088%, and 300 meters from the D Library in Soyang-gu, Soyang-gu C to the front road of the Friju station in the same Gu E.

C. On November 6, 2018, the Defendant issued a disposition revoking the first-class ordinary driver’s license against the Plaintiff (hereinafter “instant disposition”) on the ground that the Plaintiff re-drivings under the influence of drinking at least twice.

The Plaintiff appealed against the instant disposition and filed an administrative appeal, but the Central Administrative Appeals Commission dismissed the Plaintiff’s request for administrative appeal on January 8, 2019.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, Eul evidence Nos. 1 to 13, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. At the time of the gist of the Plaintiff’s assertion, when considering the following: (a) while the Plaintiff was a representative of the business partners and a child under drinking alcohol, the Plaintiff was an agent, who was not an agent, was driving a short distance to meet the terms; (b) there was no physical and physical damage due to the Plaintiff’s drinking; (c) the Plaintiff did not drive a motor vehicle again; and (d) the Plaintiff is going against the Plaintiff and would not drive a motor vehicle again; and (e) when the Plaintiff is engaged in the motor vehicle driving management business and the driver’s license is revoked, it is impossible to perform his/her duties if the driver’s license is revoked; and (e) the instant disposition is in violation of the law of abuse of discretionary power by excessively harshing the Plaintiff.

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