자동차운전면허취소처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. On June 11, 2015, while under the influence of alcohol at 0.095% on blood alcohol level, the Plaintiff, while driving a DWz car on the front road located in Gangnam-gu Seoul, Gangnam-gu, Seoul at a level of 0.095%, failed to immediately stop the vehicle and take necessary measures, such as aiding victims, while neglecting his/her duty to stop on the front road of Gangnam-gu ( approximately three weeks of injury and about two weeks of injury).
B. On July 2, 2015, the Defendant rendered the instant disposition revoking the Plaintiff’s Class II driver’s license (license number: E) on July 28, 2015 by applying Article 93(1)1 and 6 of the Road Traffic Act to the Plaintiff on the ground of the foregoing drunk driving.
C. The Plaintiff was indicted for violating the Act on the Aggravated Punishment, etc. of Specific Crimes (driving Vehicles) and the Road Traffic Act (driving) due to the said accident, and was sentenced to a fine of KRW 7,000,000 in the first instance on September 23, 2015 (Seoul Central District Court 2015No. 4372), and the said judgment became final and conclusive around that time.
[Ground of recognition] Facts without dispute, Gap evidence 2, Eul evidence 1 to 15, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The plaintiff's assertion maintains his family's livelihood while running a franchise such as an over-the-counter instructor. In light of various circumstances, the plaintiff's occupational characteristics require essential driver's license in light of the plaintiff's occupational characteristics and the fact of drinking driving at the scene of the accident, which led to the plaintiff's request for assistance at the scene of the accident and getting out of the accident site. The disposition of this case is unlawful because the disadvantage suffered by the plaintiff is excessively large compared to the needs of public interest.
B. The importance of establishing sound and reasonable traffic order is growing in modern society in which judgment vehicles have become public and universal means of transportation, and the occurrence rate of accidents caused by the increase of traffic volume and traffic offense, etc.