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(영문) 춘천지방법원 2015.04.22 2014구합5307

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 is a person holding the first-class ordinary driver’s license (B). On August 14, 2014, under the influence of alcohol level of 0.124% on blood alcohol level around 08:10 on August 14, 2014, the Plaintiff driven 3 km of the Plaintiff’s Category C rocketing car volume from the gold control apartment apartment located in the Gangnam-si Port Co., Ltd. to the front road of the airport intersection in the Gangseo-si-si.

B. On August 30, 2014, the Defendant issued a disposition revoking the Plaintiff’s above driver’s license pursuant to Article 93(1)1 of the Road Traffic Act (hereinafter “instant disposition”) on the ground that the Plaintiff was under influence of alcohol (hereinafter “instant disposition”).

C. The Plaintiff dissatisfied with the instant disposition and filed an administrative appeal with the Central Administrative Appeals Commission, but received a dismissal ruling on September 30, 2014.

[Grounds for Recognition] Facts without dispute, entry of Eul's evidence 1 to 7 (including the relevant branch numbers) and the purport of the whole pleadings

2. The Plaintiff’s assertion that the Plaintiff is a sales employee and engaged in business activities using a vehicle. Therefore, for the sake of the maintenance of his family’s livelihood, the Plaintiff’s driver’s license is essential, and the Plaintiff is an illegal disposition that abused alcohol at night immediately before the measurement of drinking, and the Plaintiff drank alcohol at night, and for whom considerable time has passed since the night night was dys, and thus, did not intentionally drive alcohol, and there was no personal and personal accidents.

3. Determination

A. Even when the revocation of a driver's license on the ground of drinking, such as drinking driving, is an administrative agency's discretionary act, in light of today's mass means of transportation, the status where a driver's license is issued, and the trend and result of the increase of traffic accidents caused by drinking driving, etc., it is very important for public interest to prevent traffic accidents caused by drinking driving. Thus, it is limited to driving on the ground of drinking driving.