자동차운전면허취소처분 취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Based on the facts, the Plaintiff acquired Class 2 ordinary on May 30, 1996 and Class 1 driver's license on September 18, 2001.
On June 16, 2014, the Plaintiff was given 15 points with points for violation of signal while driving, and thereafter, on December 8, 2014, at around 13:40 on December 8, 2014, the Plaintiff caused traffic accidents while driving under the influence of alcohol with 0.052% of alcohol, thereby being given 110 points for 125 points for 1 year.
Accordingly, on January 3, 2015, the defendant revoked the driver's license (B) on January 28, 2015 to the plaintiff on January 3, 2015.
(2) In light of the following facts: (a) there is no dispute; (b) there is no dispute; (c) Gap evidence Nos. 1 through 4; (d) Eul evidence Nos. 1 through 13; and (c) the overall purport of the pleadings of the instant disposition is legitimate; and (d) the Plaintiff’s assertion as to the legitimacy of the instant disposition is not the Plaintiff’s drinking on December 8, 2014, which is the date of the occurrence of a traffic accident; (b) the Plaintiff was unable to expect that drinking would result in drinking; (c) there was a traffic accident, which is likely to result in drinking driving due to the Plaintiff’s withdrawal of sufficient waters after drinking; (d) there was a traffic accident that is frighten by the victim, who is a tourist familiar with gye, was judged as having a physical disability grade 6; and (e) the Plaintiff’s assertion as to whether the pertinent disposition is legitimate, is excessive to the Plaintiff, and is more likely to violate the public interest that may be achieved.
Therefore, the instant disposition is unlawful as it deviates from or abused discretionary power.
The attached details of the relevant statutes shall be as specified in the statutes.
Judgment
Today, in light of the fact that automobile vehicles are the mass means of transportation and accordingly, a large amount of driver's license is issued, the increase of traffic accidents caused by drinking driving, and the suspicion of the results thereof, the necessity of public interest to prevent traffic accidents caused by drinking driving should be more emphasized, and the cancellation of driver's license is general.