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(영문) 의정부지방법원 2018.02.14 2018구단10
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 August 28, 2017, the Defendant revoked the Plaintiff’s license to drive a motor vehicle stated in the purport of the claim on the ground that “the Plaintiff driven a motor vehicle while under the influence of alcohol at around 07:33 on August 18, 2017, with a blood alcohol concentration of 0.059%.”

(hereinafter “instant disposition”). (b)

On October 23, 2017, the Plaintiff appealed and filed an administrative appeal with the Central Administrative Appeals Commission, but the Central Administrative Appeals Commission dismissed the appeal on December 22, 2017.

C. Meanwhile, the Plaintiff was under the influence of alcohol with 0.141% on March 21, 2004 and 0.056% on October 26, 2008.

[Reasons for Recognition] Facts without dispute, Gap evidence 19, Eul evidence 1 to 12, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion was recognized that all alcoholic beverages had already been frighted while working in the next day after drinking after the previous drinking, and it was recognized that all alcoholic beverages were to be frighted. At present, as the plaintiff is engaged in the freight driving business for the transportation of goods at the Textiles company, the revocation of the license would result in the loss of jobs when the license was revoked, thereby threatening family's livelihood. The disposition of this case which did not consider this is unlawful by abusing or abusing discretion.

(b) No one shall drive a motor vehicle, etc. under the influence of alcohol (including construction machinery, other than construction machinery provided for in the proviso to Article 26 (1) of the Construction Machinery Management Act; hereafter the same shall apply in this Article and Articles 45, 47, 93 (1) 1 through 4 and 148-2);

Article 93 (Revocation and Suspension of Driver's License) (1) When a person who has obtained a driver's license (excluding student licenses; hereafter the same shall apply in this Article) falls under any of the following subparagraphs, the commissioner of a district police agency shall obtain a driver's license according

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