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(영문) 서울행정법원 2017.06.21 2016구단61627
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 a Class 2 ordinary vehicle driver’s license and a Class 2 motorcycle driver’s license.

B. On July 15, 2016, at around 03:15, the Defendant: (a) deemed that the Plaintiff driven albane while under the influence of 0.134% of blood alcohol in front of the Csuski in Guro-gu Seoul Metropolitan Government; and (b) rendered a decision to revoke each driver’s license as of July 22, 2016 pursuant to Articles 93(1)1 and 44 of the Road Traffic Act (Amended by Act No. 13829, Jan. 27, 2016; hereinafter the same shall apply) and Article 91(1) [Attachment 28] of the former Enforcement Rule of the Road Traffic Act (Amended by Ordinance of the Ministry of Government Administration and Home Affairs No. 78, Jul. 28, 2016; hereinafter the same shall apply).

[Reasons for Recognition] No. 1-1, No. 1-1, and No. 1-1, and the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The gist of the Plaintiff’s assertion is that the Plaintiff, who operates Croba, dumba, dumba, dumba, so he only dumba while drinking and actually driven alba while under influence of alcohol.

Even if not, considering all circumstances, it is unreasonable for the Plaintiff to revoke all driver's licenses even after driving Otoba only, and when the Plaintiff's driver's license is revoked, it is difficult for the Plaintiff and their families to maintain their livelihood, and the Plaintiff has been exemplary driving for not less than 40 years, the instant disposition should be revoked because it is unlawful as a result of the Defendant's abuse of discretionary authority.

B. The following circumstances acknowledged by comprehensively taking account of the existence or absence of the grounds for disposition 1 as stated in the evidence Nos. 8 through 12 and the purport of the entire pleadings, and the Plaintiff was arrested by police officers on July 15, 2016 at the time of the police investigation on July 15, 2016.

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