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(영문) 서울행정법원 2020.12.09 2020구단14765

자동차운전면허취소처분취소

Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

Details of the disposition

On June 12, 2020: (a) around 06:26, the Plaintiff driven a passenger car with C low-speed while under the influence of alcohol of 0.105% (blood collection value, 0.089%) of alcohol level on the front of Gangdong-gu Seoul Metropolitan Government (hereinafter “B”).

(2) On July 7, 2020, the Defendant issued a disposition to revoke the Plaintiff’s driver’s license (class 1 common and class 2 common) on the ground of the instant drunk driving.

(hereinafter “instant disposition”). The Plaintiff dissatisfied with the instant disposition and filed an administrative appeal with the Central Administrative Appeals Commission on July 3, 2020, but was dismissed on August 11, 2020.

[Grounds] In light of the facts without dispute, Gap evidence Nos. 1 and 2, Eul evidence Nos. 1 and 1 through 10, and the purport of the entire pleadings as to the legitimacy of the disposition of this case, the plaintiff's pulmonary alcohol concentration of the plaintiff's breath measurement of the plaintiff's assertion as to the legitimacy of the disposition of this case, the traffic accident of this case was not caused due to the drinking driving of this case, the plaintiff's driving of this case was done because the plaintiff did not feel a considerable time after drinking the preceding drinking, the plaintiff's driver's license is necessarily necessary for moving the construction site as workers at the construction site, and the driving is an important means to maintain the family's livelihood, and the disposition of this case faces economic difficulties, and thus, the disposition of this case is unlawful

Judgment

Today, in light of the fact that there is a growing need to strictly observe traffic regulations according to the reduction of traffic conditions due to the rapid increase of automobiles and the large number of driver's licenses, and the traffic accidents due to driving by driving by driving by driving by driving by driving is also frequent and the results are harsh, so it is necessary to strictly regulate driving by driving by driving by driving, it is the realization of public interest rather than the disadvantage suffered by driving drivers who do not cause traffic accidents due to the revocation of license.