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(영문) 부산지방법원 2015.06.17 2015구단725
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 November 7, 2014, the Defendant issued the instant disposition to revoke the Plaintiff’s driver’s license (Class I general and Class I large vehicles) as of December 4, 2014, on the ground that the Plaintiff driven a DEX car under the influence of alcohol content of 0.110% at the entrance of Busan Shipping Daegu C, on the road located in Busan Shipping Daegu, on October 16, 2014.

B. The Plaintiff dissatisfied with the instant disposition and filed an administrative appeal with the Central Administrative Appeals Commission, but was dismissed on February 13, 2015.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 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 in charge of the duty of delivering bread from the company to each place of business and the driver's license is essential. Considering that the disposition of this case is revoked, the plaintiff and his family members are deprived of the workplace when the driver's license of this case is revoked, and it is difficult for the plaintiff and his family members to maintain their livelihood; that the plaintiff was driven without the awareness that the plaintiff would drink and take sufficient rest on the day of this case and drive a drinking for a considerable period of time after drinking, the plaintiff faithfully abides with traffic regulations after he was subject to the disposition of suspension of driver's license for drinking driving before 10 years; and that the disposition of this case is against his depth, there is an error of abuse of discretionary authority by excessively harshing 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 a driving on a driving and the need to strictly regulate driving on a driving on a driving on the ground of a driving on a driving on a driving on the ground of a driving on a driving on a driving on a driving on the ground that it is unnecessary to strictly regulate driving on a driving on a driving on a driving on a driving on the ground that the revocation of a license on a driving on the ground

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