beta
(영문) 부산지방법원 2016.01.20 2015구단1940

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 May 15, 1989, the Plaintiff acquired a Class 2 ordinary driver’s license.

B. On October 22, 2015, the Defendant issued the instant disposition that revoked the Plaintiff’s above driver’s license as of November 23, 2015 on the ground that the Plaintiff driven B vehicles while under the influence of alcohol content of 0.105% on the front of the parking lot located in the Gangseo-gu Busan Gangseo-gu Busan Gangseo-gu Office, Busan, on October 7, 2015, on the ground that the Plaintiff driven B vehicles under the influence of alcohol content of 0.105%.

C. On November 7, 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 December 8, 2015.

[Reasons for Recognition] Unsatisfy, Gap evidence 7, Eul evidence 1 to 4 (including paper numbers), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion is supplying construction materials of one ton of cargo lanes to a construction site since 2004. When the instant disposition is maintained, it causes enormous impediment to the Plaintiff’s livelihood, and the Plaintiff was under navigation cancer treatment in 2009, and requires regular treatment at present. The Plaintiff parked the instant vehicle on the day of the instant case, and tried to go on a taxi to go on the taxi and go on the taxi, and is seriously against the crackdown, and is against the Plaintiff’s wrong disposition. In light of various circumstances, the instant disposition is an illegal disposition that deviates from and abused discretion due to excessive suspicion to 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 the road and the need to strictly regulate driving on the vehicle due to a large number of cases where the results of driving on the road are harsh, the revocation of driver's licenses on the ground of driving on the ground of driving on the road will be incurred due to the cancellation of the general beneficial administrative act, unlike the cancellation of such revocation.