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(영문) 청주지방법원 2015.02.26 2014구합1401

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 December 15, 2008, the Plaintiff acquired a Class 1 ordinary license.

B. On November 27, 2014, the Defendant notified the Plaintiff of the revocation of the said driver’s license on the ground that the Plaintiff driven a B-hand car with blood alcohol concentration of at least 0.116% while under the influence of alcohol in front of Daejeon Daejeon-dong, Daejeon-dong, Daejeon-dong, Daejeon-dong, Daejeon-dong, on October 18, 2014.

(hereinafter “instant disposition”). C.

Accordingly, the Plaintiff filed an administrative appeal with the Central Administrative Appeals Commission on November 13, 2014, but the said claim was dismissed on December 9, 2014.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 11, 12, Eul evidence 1 to 7, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion is unlawful in light of the following: (a) the Plaintiff’s wife’s blood pressure falls down from the Plaintiff’s pregnant wife, and there were clothes and motosis symptoms; and (b) the Plaintiff was forced to drive under drinking conditions because an agent did not go home while staying home as soon as possible; (c) the history discovered by driving prior to drinking did not exist once; and (d) the Plaintiff’s driver’s license was revoked, making the Plaintiff unable to carry with himself/herself and making it difficult for him/her to live, and thus, the instant disposition is unlawful.

(b) as shown in the attached Form of the relevant statutes;

C. In light of the fact that the revocation of a driver's license on the ground of drinking, such as drinking driving, etc. is an administrative agency's discretionary act, today's mass means of transportation and accordingly, the increase in traffic accidents caused by drinking driving and the result of the increase in the driver's license, etc., the necessity for public interest to prevent traffic accidents caused by drinking driving is very large. Therefore, the revocation of a driver's license on the ground of drinking driving, unlike the cancellation of the ordinary beneficial administrative act, will be caused by the revocation of the license.