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(영문) 부산고등법원 2019.11.01 2019누22262
자동차운전면허취소처분취소
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the judgment of the court of first instance citing this case is as stated in the reasoning of the judgment of the court of first instance, except for adding the following judgments, thereby citing this case in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

2. The Plaintiff asserts to the effect that the Plaintiff’s blood alcohol concentration at the time of drinking driving of the instant case may not exceed 0.1%, which is the revocation criteria for the license, considering the scope of the error of the drinking measuring apparatus.

In addition to the following circumstances, the Plaintiff’s blood alcohol content at the time of the instant drinking driving is 0.103% as seen earlier. In addition, the Plaintiff’s blood alcohol content at the time of the instant drinking driving exceeds 0.1%, which is the criteria for revocation of license as stipulated in the Enforcement Rule of the Road Traffic Act, and the overall purport of the pleadings, namely, the Plaintiff’s blood alcohol content measurement device used to measure the Plaintiff’s blood alcohol content is an instrument that received a correction notification from the Road Traffic Authority that it satisfies the quality standards of the National Police Agency, and the Plaintiff’s blood alcohol content at the time of the instant drinking driving, namely, the Plaintiff’s blood alcohol content at the time of the instant drinking driving exceeds 0.1%, which is the criteria for revocation of license as stipulated in the Enforcement Rule of the Road Traffic Act, cannot be accepted.

3. In conclusion, the plaintiff's claim of this case is dismissed as it is without merit. Since the judgment of the court of first instance is just in conclusion, the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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