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(영문) 춘천지방법원 2015.12.18 2015구합1104

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 12, 2015, the Plaintiff is a person holding Class A and Class B ordinary drivers’ licenses (B). Around 15:50 on August 12, 2015, while under the influence of alcohol of at least 0.134% of the blood alcohol content, the Plaintiff driven a vehicle of Category Cone Star (9) at a public parking lot, which is about 2 meters of the Gangwon-gu, Yang-gu, Yang-gu, Yang-gun, the mission of both Forestry Cooperatives.

B. Accordingly, on August 20, 2015, the Defendant rendered a disposition revoking the Plaintiff’s driver’s license under Article 93(1)1 of the Road Traffic Act (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 October 2, 2015.

[Reasons for Recognition] Facts without dispute, entry of Eul Nos. 1, 2 and 9 (including the relevant branch numbers) and the purport of the whole pleadings

2. The plaintiff's assertion that the plaintiff was a private passenger after drinking alcohol on the day of this case. The plaintiff was not a substitute driver to return to his house after being called as soon as possible. The plaintiff moved to the above vehicle that was parked in the above parking lot before a clerical error, and it did not intend to drive under the influence of alcohol from the beginning. The plaintiff did not intend to drive under the influence of alcohol from the beginning. The plaintiff produced the collection of excreta and transported it to the above car and supplied them to both-gu agricultural cooperatives, and supplies it to both-gu agricultural cooperatives, and if the driver's license is revoked, the disposition of this case is an illegal disposition that deviates from discretionary power because it is excessively harsh to the plaintiff.

3. Attached statements to the relevant Acts and subordinate statutes;

4. Determination

A. The revocation of a driver's license on the ground of drinking, such as drinking, is an administrative agency's discretionary act, and today's motor vehicle is a mass means of transportation and accordingly.