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(영문) 부산지방법원 2015.08.19 2015구단893

자동차운전면허취소처분취소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. The Plaintiff acquired Class I ordinary drivers' licenses on January 14, 199, Class I drivers' licenses on July 1, 2004, Class I drivers' licenses on March 21, 2008, and Class I drivers' licenses on March 21, 2008.

B. On February 23, 2015, the Defendant issued the instant disposition to revoke the Plaintiff’s first class, first class, first class, and first class driver’s license as of March 21, 2015 by applying Article 93(1)1 of the Road Traffic Act, on the ground that the Plaintiff driven a CEX car (hereinafter “instant car”) under the influence of alcohol content of 0.160% in front of the north-gu, Mapo-gu, Mapo-gu, Mapo-si, Mapo-si (hereinafter “instant car”).

C. The Plaintiff dissatisfied with the instant disposition and filed an administrative appeal with the Central Administrative Appeals Commission, but the Central Administrative Appeals Commission dismissed the said request on April 7, 2015.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 4 (including paper numbers), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion 1) The instant car driven by the Plaintiff is a vehicle that can be driven with a Class 1 ordinary driver’s license. The Plaintiff’s revocation of the Plaintiff’s Class 1 large and Class 1 special (bitr) driver’s license on the ground of the instant drunk driving is unlawful. 2) The Plaintiff is an unlawful disposition that deviates from discretionary power due to excessive suspicion to the Plaintiff, by taking into account various circumstances, including the following: (a) the Plaintiff is engaged in driving as a basic recipient and supporting his/her family; (b) the cancellation of the driver’s license is an imminent circumstance that causes enormous inconvenience to his/her family’s livelihood; and (c) the Plaintiff suffers from chronic disorder and is unable to prepare for the subject of the driver’s license examination.

(b) as shown in the attached Form of the relevant statutes;

C. A number of persons who are lawful in the revocation of multiple licenses.