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(영문) 대구지방법원 2020.07.24 2020구단928

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 December 8, 2019, at around 21:35, the Plaintiff: (a) driven C rocketing car while under the influence of alcohol with a blood alcohol concentration of 0.117% on the front of the Cheongsong-gun, Cheongsong-gun (hereinafter “instant drinking”).

B. On January 3, 2020, the Defendant rendered a decision to revoke the Plaintiff’s driver’s license (class 1 large, class 1 ordinary, class 2 large, class 2 large, class 2 small, and class 2 motorcycle) of the Plaintiff as of January 28, 2020 pursuant to Articles 93(1)1 and 44(1) of the Road Traffic Act against the Plaintiff on the ground of the instant drunk driving.

(hereinafter “instant disposition”). C.

The Plaintiff appealed against the instant disposition and filed an administrative appeal, but the Central Administrative Appeals Commission rendered a ruling dismissing the Plaintiff’s claim on March 17, 2020.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, Eul evidence Nos. 1, 2 and 3 (including branch numbers, if any) and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion is significantly excessive in light of the following: (a) the Plaintiff was driving at a short distance only and driven without an accident for 26 years since the Plaintiff acquired the driver’s license; (b) the Plaintiff actively cooperates in the crackdown on drunk driving; (c) the possibility of criticism for the instant drunk driving is significantly low; (d) the Plaintiff is in charge of a farmer’s guidance at work; and (e) the Plaintiff is in charge of a farmer’s duty to visit and fire-fighting; and (e) there is a family member to support the Plaintiff; and (e) it is difficult to live, the Plaintiff’s disadvantage infringed compared to the public interest protected by

B. The revocation of a driver's license when a person with one driver's license is driving under influence of alcohol is the discretionary act of an administrative agency. However, in light of the increase of a traffic accident caused by a drunk driving and the suspicion of the result, a traffic accident caused by a drunk driving is conducted.