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(영문) 인천지방법원 2020.01.21 2019구단1668
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 August 8, 2019, the Plaintiff driven B vehicles while under the influence of alcohol of 0.162% of alcohol level around 03:45.

B. Accordingly, on September 4, 2019, by applying Article 93(1)1 of the Road Traffic Act, the Defendant issued a notice of decision to revoke the driver’s license (class 1 common) to the Plaintiff.

(hereinafter “instant disposition”). C.

The Plaintiff appealed against the instant disposition and filed an administrative appeal, and the Central Administrative Appeals Commission rendered a ruling dismissing the said claim on October 22, 2019.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1 through 11 (including branch numbers), the purport of the whole pleadings

2. Whether the disposition is lawful;

A. Considering that there is no fact of damage caused by the Plaintiff’s assertion, that the distance of movement remains less than 500 meters, that actively cooperates with the detection, such as confession, and that the driver’s license is absolutely absolutely necessary for the production of a company in a place with poor local traffic, and that there is difficulty in family support, maintenance of livelihood, and visit when the driver’s license is revoked, the instant disposition is considerably more unfavorable than the public interest to be achieved, and thus, it is unlawful by abusing the discretion.

B. In light of the fact that one motor vehicle is a mass means of transportation and accordingly, the need to strictly observe traffic regulations is greater as the traffic situation is congested as the driver's license is issued in large volume, and the traffic accidents caused by drinking driving are frequently frequent and the results are harsh, so it is necessary to strictly regulate drinking driving in order to protect the majority of drivers and pedestrians, the need for public interest to prevent traffic accidents caused by drinking driving should be more serious, and the cancellation of driver's license is cancellation of the ordinary beneficial administrative act.

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