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(영문) 부산지방법원 2020.10.07 2020구단1449

자동차운전면허취소처분취소

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The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Details of the disposition;

A. On February 28, 2020, at around 23:50, the Plaintiff driven B vehicles while under the influence of alcohol with a blood alcohol concentration of 0.121% at the front of the Gangseo-gu Busan Metropolitan City Green Cross 361-9 Gangseo-gu Fire Station.

B. On March 19, 2020, the Defendant issued a disposition to revoke the driver’s license stated in the purport of the claim pursuant to Article 93(1)1 of the Road Traffic Act (hereinafter “instant disposition”) against the Plaintiff on the ground that the Defendant driven under the influence of alcohol level of 0.121%.

C. On April 2, 2020, the Plaintiff filed an administrative appeal with the Central Administrative Appeals Commission on the instant disposition, but the said claim was dismissed on June 9, 2020.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1-1, 1-2, and 3-3, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. In light of the purport of the Plaintiff’s assertion: (a) the first ordinary driver’s license on December 16, 201; (b) since the acquisition of the first class large-scale driver’s license on February 8, 2019, the traffic accident or the influence of drinking is nonexistent; (c) around 3 km away from the state of drinking; (d) the use of an agent’s driving in the state of drinking; and (e) the active cooperation was made in the enforcement process; (d) the cancellation of the driver’s license was caused by the instant disposition; (e) the maintenance of livelihood and the support of his/her family members is difficult; and (e) the revocation of the driver’s license is against the truth-finding with respect to the drunk driving, the instant disposition in question is unlawful by abusing

B. In light of the fact that a motor vehicle is a mass means of transportation and accordingly, the need to strictly observe traffic regulations is greater as the traffic situation is congested as the motor vehicle driver's license is issued in large quantities, and the traffic accidents caused by drunk driving are frequent and the result thereof is harsh, so it is necessary to strictly regulate drinking driving in order to protect the majority of the public and pedestrians, it is necessary to protect the traffic accidents caused by drunk driving.