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(영문) 부산지방법원 2016.01.27 2015구단21364

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. On August 21, 1989, the Plaintiff acquired Class 1 ordinary driver's license and Class 1 special (Traler) driver's license on November 24, 1989.

B. On September 1, 2015, the Defendant issued the instant disposition that revoked the Plaintiff’s respective driver’s license as of October 4, 2015, on the ground that the Plaintiff driven B vehicles under the influence of alcohol of 0.116% in front of the Japanese-dong in Busan Island on August 24, 2015, on the ground that the Plaintiff driven B vehicles under the influence of alcohol of 0.116% in front of the Japanese-dong in Busan Island.

C. On September 21, 2015, the Plaintiff, who was dissatisfied with the instant disposition, filed an administrative appeal with the Central Administrative Appeals Commission, but was ruled dismissed on November 3, 2015.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 to 5 (including virtual numbers), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion is necessary because the plaintiff is carrying freight with bitr vehicle, and thus the driver's license is required. Considering the various circumstances such as the fact that the disposition in this case is maintained, it causes a enormous impediment to the livelihood of the plaintiff and his family members, the plaintiff's thought that drinking after drinking is frighting, and that it was controlled while attending school, there is no traffic accident caused after the plaintiff acquired a driver's license, and that the plaintiff is against the truth that it is going against the plaintiff's wrong judgment, the disposition in this case is an illegal disposition that deviates from and abused discretion due to excessive suspicion of the plaintiff.

B. In light of the increasing number of automobiles today and the increasing number of driver's licenses are issued in large quantities, and the need to strictly observe traffic regulations due to the reduction of traffic conditions is growing, and the frequent traffic accidents caused by driving on a driving on a driving and the need to strictly regulate driving on a driving on a driving on the ground of a driving on a driving on a driving on the ground of a driving on a driving on a driving on a driving on the ground that it is unnecessary to strictly regulate driving on a driving on a driving on a driving on a driving on the ground that the revocation of a license on a driving on the ground