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(영문) 수원지방법원 2018.12.14 2018구단3411
자동차운전면허취소처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. (i) On May 31, 2018, the Plaintiff driven the BM6 car at approximately 100 meters on the front road of the Suwon-gu Suwon-gu Suwon-si, Suwon-si, under the influence of alcohol content of 0.107% of the blood alcohol content around 00:56.

B. On June 14, 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).

Article 22(1) of the former Administrative Appeals Commission Act (amended by Presidential Decree No. 2010, Jul. 27, 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 disposition of this case is legitimate, considering the following as a whole: (i) merely a simple drinking without an accident; (ii) there is no traffic accident or drinking driving force other than two years; (iii) traffic accidents or drinking driving force other than traffic offenses; (iv) the usual school uses an acting driving; (v) active cooperation with the police investigation; and (v) the parent who operates a restaurant is working in a company located far away from his residence; and (v) the food materials collection box for the parent who operates the restaurant is trying to perform his work and the driver's license is necessary for his family life; and (v) the disposition of this case is unlawful

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, the time when a driver drivess in a drunken state (not less than 0.1% of blood alcohol level) shall be determined based on the revocation of the license, and the disposition penalty points shall be 110 for “a person who is an important means to maintain his family’s livelihood, is engaged in transport service activities for not less than three years at the time of the disposition as an exemplary driver, or who has received an official commendation from the chief of a police station or higher by causing a traffic accident and arresting an escape driver and does not meet the specified exclusion requirements

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