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(영문) 수원지방법원 2016.06.24 2016구단715

자동차운전면허취소처분취소

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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 October 25, 1993, the Plaintiff acquired a Class II ordinary driver’s license (B), and around 22:50 on October 14, 2015, the Plaintiff, while under the influence of alcohol at 0.149% of the blood alcohol level, was under the influence of alcohol at around 22:50 on October 14, 2015, was under the influence of alcohol and was under the influence of alcohol, and was under the influence of alcohol.

B. Accordingly, on October 28, 2015, the Defendant rendered the instant disposition revoking the Plaintiff’s above driver’s license pursuant to Article 93(1)1 of the Road Traffic Act on the ground that the Plaintiff was driving under influence of alcohol as above.

C. The Plaintiff filed an administrative appeal on November 23, 2015, but was dismissed on December 24, 2015.

[Reasons for Recognition] Evidence No. 5, Evidence No. 4, and the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion was sought to call for a proxy engineer at the time, but it was inevitable to drive a short distance due to no cash in the water, and the Plaintiff’s wife was physically handicapped class 2. The Plaintiff’s wife was inevitably in need of driving for the daily life of the Plaintiff’s family because it was difficult to drive the Plaintiff’s family due to the delayed disability class 5. If a driver’s license is revoked, the Plaintiff is currently seeking job-seeking difficulties, and the Plaintiff received several prizes in the functional conference for the disabled and continued social service activities, and thus, the instant disposition was unlawful as it constitutes a case where the Plaintiff excessively harshs the Plaintiff and abused its discretionary power.

B. On the other hand, since the rapid increase of motor vehicles today and the number of driver's licenses are issued in large volume, the need to strictly observe traffic regulations is increasing as traffic conditions are congested on the day, and in particular, traffic accidents caused by drunk driving are frequently frequent and the results are harsh, so it is very important for public interest to prevent traffic accidents caused by drunk driving. Therefore, driver's licenses are granted on the grounds of drunk driving.