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(영문) 서울행정법원 2015.03.26 2014구단58498
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 July 25, 2014, at around 08:15, the Plaintiff, while driving a private taxi vehicle owned by the Plaintiff in front of the Seoul Jung-gu, Seoul, while under the influence of alcohol at a 0.152% of alcohol level, was injured by D for a traffic accident for about three weeks.

B. On August 7, 2014, the Defendant revoked the Plaintiff’s first-class ordinary vehicle driver’s license and second-class bicycle driver’s license as of September 11, 2014 pursuant to Article 93(1)1 of the Road Traffic Act on the ground of the foregoing drunk driving.

(hereinafter “instant disposition”). C.

The Plaintiff filed an administrative appeal on September 3, 2014 regarding the instant disposition, but the Central Administrative Appeals Commission dismissed the Plaintiff’s request for administrative appeal on October 14, 2014.

【Ground of recognition】 The fact that there has been no dispute, Gap 3 evidence, Eul 1 through 11, and the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiff asserted that he was a person who operates a private taxi business, and the Plaintiff was involved in a traffic accident while driving a short distance to park the Plaintiff’s vehicle in front of the Plaintiff’s office by drinking the same and drinking with a commemorative for newly purchasing a private taxi vehicle.

Considering various circumstances, such as the Plaintiff’s acquisition of the driver’s license in 191 and then the Plaintiff has no career of drinking, the Plaintiff’s operation of private taxi business, and felling the mother, and the Plaintiff’s family members’ livelihood, the driver’s license is essential, the short distance for parking, and the Plaintiff’s smooth agreement with the victim of the traffic accident, etc., the instant disposition was unlawful since it was too harsh to the Plaintiff, thereby deviating from the scope of discretion.

(b) The details of the relevant statutes are as shown in the attached statutes.

C. (1) Determination is that the revocation of the driver's license on the ground of drinking driving is an administrative agency's discretionary act, but today's motor vehicle is a mass means of transportation.

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