자동차운전면허취소처분취소
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
The court of this case, which cited the judgment of the court of first instance, shall state the reasons for this case in accordance with the judgment of the court of first instance.
Inasmuch as the content of “judgment” is the same as that of the judgment of the court of first instance other than being advanced as set forth in paragraph (2) below, it is accepted by Article 8(2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act. Even in cases where the revocation of a license for driving on the ground of drinking, such as drinking driving, is an administrative agency’s discretionary act, even in light of today’s mass means of transportation and the situation where a large amount of driver’s license is issued, and the trend and result of the increase of traffic accidents caused by drinking driving, it is very important for the public interest to prevent traffic accidents caused by drinking driving. Thus, the revocation of a license for driving on the ground of drinking driving on the ground of drinking driving should be emphasized more than the disadvantage of the party to whom the revocation would be suffered by the revocation, unlike revocation of the general beneficial administrative act.
(see, e.g., Supreme Court Decision 2007Du17021, Dec. 27, 2007; Supreme Court Decision 2012Du1051, May 24, 2012). Furthermore, even in cases where the distance between the driving time and the blood alcohol concentration measurement time exists and the time appears to increase the blood alcohol concentration, such circumstance alone cannot be deemed insufficient to prove that the blood alcohol concentration at the actual driving time of a condition exceeds the punishment standard.
In such cases, the issue of whether the level of punishment was above the level of punishment even at the time of driving is based on evidence such as the distance between driving and the measurement, the difference between the measured level of blood alcohol concentration and the standard value of punishment, the continuous time and the amount of drinking, the degree of behavior of the driver at the time of the measurement, and the situation of the accident if there was a traffic accident.