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(영문) 인천지방법원 2020.06.23 2020구단838
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 23, 2019, the Plaintiff driven B vehicles under the influence of alcohol with a blood alcohol concentration of 0.087% at around 04:20.

B. Accordingly, on December 10, 2019, the Defendant rendered a decision to revoke the driver’s license (class 2 common) against the Plaintiff by applying Article 93(1)1 of the Road Traffic Act.

(hereinafter “instant disposition”). C.

On February 18, 2020, an administrative appeal filed by the Plaintiff against the instant disposition was dismissed.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, Eul evidence Nos. 1 through 11 (including branch numbers), the purport of the whole pleadings

2. Whether the disposition is lawful;

A. In light of the following: (a) there was no fact of damage caused by the Plaintiff’s assertion on drinking alcohol; (b) the distance of movement is relatively short of 4km; (c) the person was avoided from drinking, such as the use of a usual driving; and (d) the confession; (b) the driver’s license is absolutely necessary for the agency business of selling clothes; (c) commuting to and from work; (d) customer management; and (e) difficulties such as the maintenance of livelihood, support, and redemption of debts, etc. at the time of revocation of the driver’s license, the instant disposition is unlawful by abusing the discretion, since it is much more unfavorable for the Plaintiff, which is contrary to the public

B. In light of the fact that one motor vehicle is a mass means of transportation and accordingly, the need to strictly observe traffic regulations is greater as the traffic situation is congested as the driver's license is issued in large volume, and the traffic accidents caused by drinking driving are frequently frequent and the results are harsh, so it is necessary to strictly regulate driving to protect the majority of drivers and pedestrians, the need for public interest in preventing traffic accidents caused by drinking driving should be more serious, and the revocation of driver's license is common sense.

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