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(영문) 수원지방법원 2015.05.01 2015구단367
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 October 19, 190, the Plaintiff acquired a Class 2 ordinary car driving license (B), and was driven on and around October 9, 2014, while under the influence of alcohol at around 00:38 on October 9, 2014, the CNS car amount owned by the company was controlled by driving it on the E-cafeteria located in Yangcheon-gu Seoul Metropolitan Government, and was under the influence of alcohol.

B. Accordingly, on October 16, 2014, the Defendant issued 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 driven the same as above.

C. On the other hand, on September 19, 200, the Plaintiff was subject to the disposition of driver's license by driving under the state of alcohol level of 0.117% with blood alcohol level of 0.17% on September 19, 200, and again, was subject to the disposition of driver's license suspension by driving under the state of drinking on March 27, 2008.

On November 14, 2014, the Plaintiff filed an administrative appeal with the Central Administrative Appeals Commission on the instant disposition, but was dismissed on January 6, 2015.

[Reasons for Recognition] Unsatisfy, Gap evidence 1-1, Eul evidence 4 and 12

2. Whether the disposition is lawful;

A. The plaintiff's assertion is illegal since the plaintiff's vehicle was driven in order to cut off the plaintiff's vehicle so that other vehicles can move, and the distance of the vehicle was only 50 meters, there was no control over drinking during the past five years, the measurement of drinking alcohol level is 0.1%, and if the plaintiff's driver's license is revoked, the plaintiff's employees and their family members suffer disadvantages. Thus, the defendant's disposition of this case constitutes a case where the defendant's discretion is excessively harsh and thus it constitutes an abuse of discretionary power

B. On the one hand, as the number of vehicles rapidly increasing and the number of driver's licenses are issued in large quantities, the need to strictly observe traffic regulations is increasing as traffic conditions are congested on the day, and particularly traffic accidents caused by drinking driving are frequently frequent and the results are harsh.

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