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(영문) 부산지방법원 2020.10.07 2020구단1579
자동차운전면허취소처분취소
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Details of the disposition;

A. On May 1, 2020, at around 00:00, the Plaintiff driven C vehicle while under the influence of alcohol level of 0.182% at the front of the B apartment in Busan Seo-gu, Busan.

B. On May 13, 2020, the Defendant issued a disposition to revoke the driver’s license stated in the purport of the claim pursuant to Article 93(1)1 of the Road Traffic Act (hereinafter “instant disposition”) against the Plaintiff on the ground that the Defendant driven under the influence of alcohol level of 0.182%.

C. On May 26, 2020, the Plaintiff filed an administrative appeal with the Central Administrative Appeals Commission on the instant disposition, but the said claim was dismissed on June 30, 2020.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1-1, 1-2, and 3-3, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. In light of the following: (a) the Plaintiff’s assertion was moved about about 5 km from the main state of the Plaintiff’s assertion; (b) the ordinary party has used the substitute driving; (c) actively cooperated in the enforcement process; (d) the traffic flow was obstructed or there was no traffic accident; (e) the cancellation of a driver’s license is difficult to maintain livelihood and support for his family; and (d) the driving of a large vehicle is seriously against the driving under the influence of alcohol; and (e) the instant disposition is unlawful by abusing the discretionary authority.

B. In light of the fact that a motor vehicle is a mass means of transportation and accordingly, the need to strictly observe traffic regulations is greater as traffic conditions are congested on the day, and the traffic accidents caused by drinking driving are frequent and there are many cases where the results are harsh, so it is necessary to strictly control 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 a driver's license is cancellation of the ordinary beneficial administrative act.

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