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(영문) 수원지방법원 2015.05.15 2015구단466
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 February 20, 1995, the Plaintiff acquired a Class 2 ordinary car driver’s license (B) on December 9, 2002, and was driven on December 1, 2002. On October 16, 2014, at around 01:05, the Plaintiff, while under the influence of alcohol at around 01:161% of the blood alcohol level, caused a traffic accident that causes physical damage by shocking the car car car owned by the Plaintiff from the street on the street of the member-gu Seoul Metropolitan City to the front street of the E Park while driving a cruise car at approximately 500 meters from the street in front of the E Park.

B. Accordingly, on August 26, 2014, the Defendant rendered the instant disposition revoking the Plaintiff’s driver’s license pursuant to Article 93(1)1 of the Road Traffic Act on the ground that the Plaintiff was involved in a traffic accident while driving under the influence of alcohol as above.

C. On October 18, 2014, the Plaintiff filed an administrative appeal with the Central Administrative Appeals Commission on the instant disposition, but was dismissed on January 13, 2015.

[Ground of recognition] Unsatisfy, entry Nos. 4, 8, 13

2. Whether the disposition is lawful;

A. Considering that the Plaintiff’s assertion had been located in the place of the Plaintiff’s substitute driving, there is no parking space, and the Plaintiff sent a substitute engineer with a volume of 100 meters, and the Plaintiff’s driver’s license is indispensable to perform the Plaintiff’s work of supplying goods, and the cancellation of the driver’s license would lose the workplace if the driver’s license is revoked and his family’s livelihood is threatened, the instant disposition constitutes too harsh to the Plaintiff, and constitutes a case where the Plaintiff deviates from or abused its discretionary power against the principle

B. The need to strictly observe traffic regulations according to the reduction of traffic conditions is growing due to the rapid increase of motor vehicles today, the number of driver's licenses are issued in large volume, and traffic conditions are complicated. In particular, traffic accidents caused by drunk driving are frequently frequently and the results are harsh, so it is very important for public interest to prevent traffic accidents caused by drunk driving. Therefore, a drunk driving is required.

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