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(영문) 수원지방법원 2019.05.01 2019구단273
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A. The Plaintiff acquired a Class I ordinary driver’s license on February 28, 200, and was revoked the driver’s license on May 28, 2007 (0.108%). On July 2, 2009, the Plaintiff again acquired a Class I ordinary driver’s license on July 2, 2009 and was subject to a disposition of 100 days of the driver’s license suspension for drinking (0.056%) on May 2, 201. On October 22:2:20, 2018, the Plaintiff was under the influence of 0.135% of blood alcohol concentration at the second floor of the building C in the Osan-si, Osan-si, the Plaintiff was under the influence of alcohol, and was under the influence of alcohol, and was under the influence of Dco-do sports vehicle, and was under the influence of dcokek rolling stock vehicles owned by others, shocked the e-bek knick vehicle, and re-under apartment F.

B. On November 15, 2018, the Defendant rendered a disposition to revoke the driver’s license stated in the preceding paragraph (hereinafter “instant disposition”) by applying Article 93(1)1 of the Road Traffic Act due to the instant drunk driving (hereinafter “instant disposition”).

C. The Plaintiff appealed and filed an administrative appeal with the Central Administrative Appeals Commission, but was dismissed on December 21, 2018.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 5, 7, 8, Eul evidence 1 to 13, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion not only needs to provide two children with assistance in attending school at divorce, but also is a member of the G limited company's automobile performance development team in charge of technical post, management post, and the business trip and situation management rate such as vehicle management, experiment, performance body, purchase of parts for test, research institute, etc. Therefore, the driver's license is essential in the course of business. The plaintiff actively cooperates with the investigation agency in relation to the drinking driving of this case, the plaintiff's living cost and household debt burden are economically difficult, and the plaintiff is faithfully living in the company to the extent of receiving the certificate of continuous service and certificate of listing, etc.

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