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(영문) 대구고등법원 2018.12.14 2018누4466

자동차운전면허취소처분취소

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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 court’s explanation concerning this case is as stated in the reasoning of the judgment of the first instance, except for the addition of the judgment of the first instance as follows, and thus, it shall be cited as it is in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

2. In addition, the Plaintiff asserts that the disposition of this case was an abuse of discretion, in light of the following circumstances: (a) the Plaintiff was driving only about about 10 meters to change the parking location after the Plaintiff was driving on his behalf; (b) the Plaintiff’s blood alcohol content is 0.127% and the administrative agency can reduce by itself; and (c) the Plaintiff’s thoroughly reflects the Plaintiff’s license; and (d) the disadvantage that the Plaintiff suffered due to the revocation of the license is too large.

However, in light of the circumstances properly explained in the reasoning of the judgment of the court of first instance, today's traffic situation is complicated, and there is a growing need to strictly observe traffic regulations due to the reduction of traffic situation, and in particular, the frequent traffic accidents caused by drinking driving and the result of the frequent occurrence of the accidents, and the need for public interest to prevent them is very high, it is insufficient to recognize that the instant disposition is an abuse of discretionary power by simply the circumstances alleged by the Plaintiff or the images of Gap evidence Nos. 1 and 5.

Therefore, we cannot accept the plaintiff's above argument.

3. Conclusion, the plaintiff's claim of this case is dismissed as it is without merit.

The judgment of the court of first instance is just in its conclusion, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition by the assent of all participating Justices.