(영문) 수원지방법원 2018.01.10 2017구단2251

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(영문) 수원지방법원 2018.01.10 2017구단2251

자동차운전면허취소처분취소

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. On May 25, 2017, the Plaintiff issued the instant disposition that revoked the first-class ordinary car driver’s license (license number: E) of the Plaintiff on June 7, 2017, by applying Article 93(1)1 of the Road Traffic Act, on the ground that the Plaintiff driven the D-learning car on the front of the C-school located in Sungnam-gu D-gu Seoul Metropolitan Council under the influence of alcohol by 0.157% (the result of a smoking measurement) in the influence of alcohol around 23:50 on May 25, 2017.

[Ground of recognition] No dispute, Gap 1, 2, Eul 4 through 8, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff asserted that the plaintiff did not go to the funeral hall on the day, but did not go to the funeral hall on the day, and the plaintiff saw that he did not go to the bar, and that he did not go to the bar, but he did not go to the bar, and therefore, the drinking driving was regulated.

Considering the fact that the Plaintiff had no traffic accident or alcohol driving record for about 14 years since the Plaintiff acquired the Plaintiff’s driver’s license, that there was no personal injury or injury to others due to a drunk driving, that is currently engaged in mobile phone wholesale business, that the driver’s license is essential for commuting to and from the workplace and visiting customers, and that the Plaintiff should support his spouse and the child who has been faced with the past time, the instant disposition is excessively harsh to the Plaintiff, thereby abusing or abusing the discretion.

B. Even if the revocation of a driver's license on the ground of drinking driving is an administrative agency's discretionary act, in light of today's mass means of transportation, and the situation where a driver's license is issued in large quantities, the increase of traffic accidents caused by drinking driving, and the seriousness of the result, etc., the need for public interest to prevent traffic accidents caused by drinking driving should be emphasized, and the revocation of a driver's license on the ground of drinking driving on the ground of the revocation of a driver's license on the ground of drinking driving on the ground of the revocation of the general beneficial administrative act, unlike

참조조문

-도로교통법 제93조 제1항 제1호

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