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(영문) 서울행정법원 2020.10.28 2020구단13236

자동차운전면허취소처분취소

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The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

Details of the disposition

On May 15, 2020, at around 19:03, the Plaintiff, while under the influence of alcohol of 0.152% on the roads in front of Dongdaemun-gu Seoul (hereinafter “instant drunk driving”), driven a motor vehicle of cenz with a blood alcohol level of 0.152% on the roads in front of Dongdaemun-gu Seoul (hereinafter “instant drunk driving”). The Plaintiff concealed the number of string motor vehicles which stopped in front of the signal in the signal atmosphere, and caused the collision of the amount of rocketing and other motor vehicles during which the said learning was stopped on the front bank (hereinafter “instant traffic accident”). As a result, the Plaintiff suffered from each injury that requires at least four weeks of treatment for each of the said rocketing drivers and their passengers, and from around two weeks of the said rocketing driver.

On June 16, 2020, the Defendant rendered a disposition to revoke the Plaintiff’s driver’s license (class 1 common) on the ground that the Plaintiff caused the instant traffic accident with two middle and ordinary persons while driving the instant motor vehicle.

(hereinafter “instant disposition”). The Plaintiff dissatisfied with the instant disposition and filed an administrative appeal with the Central Administrative Appeals Commission on June 19, 2020, but was dismissed on July 14, 2020.

[Grounds] In light of the facts without dispute, Gap evidence Nos. 1 and 2, Eul evidence Nos. 1 and 9, the purport of the entire pleadings, and the purport of the disposition of this case as to legitimacy of the disposition of this case, the plaintiff's assertion that there is no record of drinking driving, the plaintiff's duty to deliver promotional materials to the company, and thus the driver's license is essential, and the driver's license is a major means to maintain family's livelihood, and the disposition of this case faces economic difficulties, the disposition of this case is illegal as it deviates from and

Judgment

If a person who has obtained a driver's license causes a traffic accident by intention or negligence while driving the motor vehicle, the revocation of the driver's license is an administrative agency's discretionary act, but it is today's mass means of public transportation and accordingly.