자동차운전면허취소처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. On October 10, 2014, the Defendant issued the instant disposition that revoked the Plaintiff’s driver’s license (Class I common) as of November 6, 2014, on the ground that, around August 10, 2014, the Plaintiff driven a C vehicle owned by the Plaintiff while driving a vehicle under the influence of alcohol concentration of 0.103% on the front side of Seocho-gu Seoul, Seocho-gu, Seoul, and caused a traffic accident (personal damage (personal damage) due to failure to secure the safety distance.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 8, Eul evidence Nos. 1, 2, 5 through 13, and the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The plaintiff's assertion that the plaintiff's argument is that when considering various circumstances, such as the plaintiff's argument that the plaintiff's driver's license is urgently needed for the livelihood of a person who carries and sells household goods to one ton of the basic daily life recipients, "if the driver's license is an important means to maintain his family's livelihood" according to Article 91 (1) [Attachment Table 28] of the Enforcement Rule of the Road Traffic Act, the plaintiff's disposition in this case is an unlawful disposition that deviates from discretion or abused discretion by excessively harshing the plaintiff and thus causes a traffic accident. The damage to the victim was fully compensated. The plaintiff's driver's license in 1968 is not sufficient, and there is no sufficient health for the plaintiff as a basic daily life recipient.
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 according to the reduction of traffic conditions is growing, and the frequent traffic accidents caused by driving on a motor vehicle and the results thereof are so harsh that it is necessary to strictly regulate driving on a motor vehicle, the reason for driving on a motor vehicle is limited.