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(영문) 서울행정법원 2020.11.25 2020구단15782
자동차운전면허취소처분취소
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

Details of the disposition

On May 19, 2020, the Plaintiff, while under the influence of 0.131% of blood alcohol level on the front side of Goyang-dong, Yongsan-gu, Goyang-si, Goyang-si, the Plaintiff: (a) driven a car at CSP site in the influence of alcohol level 0.131% on the front side; (b) obstructed the left-hand driver’s seat of BMW vehicle located in the two-lane in the same direction (hereinafter “instant drinking driving”); (c) collision with the upper part of the left-hand driver’s seat of BM vehicle located in the two-lane in the same direction (hereinafter “instant traffic accident”); and (d) thereby, the Plaintiff suffered injury necessary for the above BM’s driver to receive approximately two-day medical treatment.

On June 27, 2020, the Defendant rendered a disposition to revoke the Plaintiff’s driver’s license (Class I common) on the ground that the Plaintiff caused the instant traffic accident with one light person while driving the instant motor vehicle.

(hereinafter “instant disposition”). The Plaintiff dissatisfied with the instant disposition and filed an administrative appeal with the Central Administrative Appeals Commission on July 7, 2020, but was dismissed on August 25, 2020.

[Grounds for recognition] In light of the fact that there is no dispute, Gap evidence Nos. 1 through 5, 8, Eul evidence Nos. 1 through 8, and the purport of the whole pleadings, and the purport of the disposition of this case as to legitimacy of the disposition of this case, the distance of drinking driving of this case is only 700 meters asserted by the plaintiff, the plaintiff's work in the design and business division of the building site, and thus the driver's license is essential to maintain the livelihood of his family, and the disposition of this case faces economic difficulties, the disposition of this case is unlawful as it is against the law that

Judgment

If a person who has obtained a driver's license causes a traffic accident by intention or negligence while driving under the influence of alcohol, the revocation of the driver's license is an administrative agency's discretionary act, and today's vehicle is a mass means of transportation and accordingly, the situation in which the driver's license is issued and the increase of traffic accidents caused by drinking driving.

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