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(영문) 서울행정법원 2020.05.20 2020구단5662

자동차운전면허취소처분취소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Details of the disposition

On September 14, 2019, at around 02:26, the Plaintiff driven C Rabage in the state of drunk alcohol concentration of 0.114% on the front of Gwanak-gu in Seoul Special Metropolitan City (hereinafter “instant drunk driving”).

On November 7, 2019, the Defendant rendered a disposition to revoke the Plaintiff’s driver’s license (class 1 common) on the ground of the instant drunk driving (hereinafter “instant disposition”).

On January 13, 2020, the Plaintiff dissatisfied with the instant disposition and filed an administrative appeal with the Central Administrative Appeals Commission, but was dismissed on February 18, 2020.

[Based on the fact that there is no dispute, Gap evidence Nos. 1 and 2, Eul evidence Nos. 1 and 8, and Eul evidence Nos. 1 through 8, the purport of the whole pleadings, and the purport of the disposition of this case as to the legitimacy of the disposition of this case, the plaintiff's assertion that the plaintiff was legitimate, and the plaintiff used to drive the vehicle on the vehicle after drinking alcohol, and the plaintiff was driving the vehicle in the process of causing the plaintiff's scambling to the plaintiff's scam in order to shoulder the plaintiff, the plaintiff did not have any history of driving the vehicle for 10 years, the plaintiff actively cooperate in the investigation into the drinking driving of this case, the plaintiff actively cooperates in the investigation into the driving of this case, the plaintiff's driver's license as a former-subsidiary business agent, which is an important means to maintain the livelihood of his family, and the disposition of this case

Judgment

If a person who has obtained a driver's license causes a traffic accident by intention or negligence while driving under the influence of alcohol, even though the revocation of the driver's license is an administrative agency's discretionary action, in light of today's mass means of transportation and the situation where the driver's license is issued in large volume, the increase of traffic accidents caused by drinking driving, and the suspicion of the result, the necessity of public interest should be emphasized.