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(영문) 서울행정법원 2020.11.11 2020구단15171
자동차운전면허취소처분취소
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

Details of the disposition

On June 11, 2020, at around 07:10, the Plaintiff driven Cworket Noon with a blood alcohol concentration of 0.045% on the front side of the Hasung-gun B, Gyeongsung-gun, and made a left-hand turn while driving Cworkon at the intersection of the shooting distance (hereinafter “the instant drinking driving”).

At the time Obama, the Republic of Korea was proceeding to the right-hand side on the basis of the alley trees at the time of Obama, but was faced with the central line as above, and led to the left-hand turn.

(hereinafter “instant traffic accident”). As a result, a driver of Oral Ba suffers from an injury that requires approximately two weeks’ medical treatment.

On July 11, 2020, the Defendant rendered a disposition to revoke the Plaintiff’s driver’s license (class 1 large and class 1 ordinary) on the ground that the Plaintiff caused the instant traffic accident where one person was a light driver 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 22, 2020, but was dismissed on August 25, 2020.

[Grounds] In light of the facts without dispute, Gap's evidence Nos. 1 through 4, 6, Eul's evidence Nos. 1 through 10, and the whole purport of the pleading, the plaintiff's assertion as to the legitimacy of the disposition of this case is merely 30 meters of drinking driving distance of this case, the plaintiff has no record of drinking driving, the plaintiff's vehicle driver's license is necessarily required to move to a local site as a company member who is employed at the construction site, driving is an important means to maintain the family's livelihood, and the disposition of this case faces economic difficulties, the disposition of this case is unlawful since it is against the discretionary authority's discretion.

Judgment

If a person who has obtained a driver's license causes a traffic accident by intention or negligence while driving the driver's license, the revocation of the driver's license is the discretionary act of the administrative agency.

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