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(영문) 대구지방법원 2015.06.05 2015구단214
자동차운전면허취소처분취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. On October 17, 2014, the Defendant rendered the instant disposition with respect to the Plaintiff on the ground that the Plaintiff driven a D car while under the influence of alcohol concentration of 0.101% on the road located in Daegu Northern-gu B, Daegu-gu, Seoul-gu, on September 27, 2014, the Plaintiff’s driver’s license (Class 1 large-scale) was revoked as of November 15, 2014.

【Ground of recognition】 The fact that there has been no dispute, Gap evidence 1, Eul evidence 1 and 2 (including virtual number), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion is that the plaintiff, while returning a substitute driver at the time of driving under the influence of alcohol in this case, did not act as a substitute driver and placed the vehicle on the road for one-way driver by asking the company to which he belongs. The plaintiff is inevitably driving to ensure the communication of other vehicles. The plaintiff is in charge of business and repair of defects in the seller of a copy machine, and the driver's license is essential. When the plaintiff loses his workplace due to the cancellation of the driver's license, seven family members supported by the plaintiff are very difficult to live, and when considering all all the circumstances, the plaintiff's disposition in this case constitutes a case where the plaintiff abused or abused discretion because it is too harsh to the plaintiff.

B. In today’s determination, the number of vehicles rapidly increasing, and the number of driver’s licenses are issued in large volume so that traffic conditions are congested, and the need to strictly observe traffic regulations is growing, 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, the revocation of driver’s licenses on the grounds of drunk driving is likely to be incurred due to the revocation of the revocation of the ordinary beneficial administrative act, unlike the revocation of the revocation.

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