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(영문) 수원지방법원 2016.07.22 2016구단739
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 November 19, 194, the Plaintiff acquired a Class 1 ordinary car driving license (B), and on December 19, 2015, under the influence of 00:15 blood alcohol level of 0.096% on December 19, 2015, the Plaintiff driven a Category 3 car driving in the state of alcohol level of 0:15% on December 19, 2015, and led to an accident that led to three drivers, etc. of damaged vehicles, such as a vehicle, who stopped from the front side of the same lane to the air signal at the spopic basin of Songpa-gu Seoul, Songpa-gu, Seoul, while driving a vehicle driving in the state of 0:15 alcohol level of 0:0% on December 19, 2015.

B. Accordingly, on January 7, 2016, the Defendant rendered the instant disposition revoking the Plaintiff’s driver’s license pursuant to Article 93(1)1 of the Road Traffic Act on the ground that the Plaintiff caused personal injury while driving a motor vehicle as above.

C. The Plaintiff filed an administrative appeal on January 28, 2016, but was dismissed on February 29, 2016.

[Grounds for recognition] The entry of No. 4 and the purport of the whole pleading

2. Whether the disposition is lawful;

A. In light of the Plaintiff’s assertion that the Plaintiff was running to move a 300-meter difference from the alleyway without any error even after the lapse of at least one hour after the end of the year, the instant disposition was unlawful as it constitutes a case where the Plaintiff deviatess from or abused its discretionary power due to excessive suspicion to the Plaintiff, taking into account the following: (a) the Plaintiff was engaged in business activities, logistics management and delivery without a big accident for 22 years; (b) the Plaintiff’s duties, and commuting distance is essential; and (c) the Plaintiff’s driver’s license is revoked, making it difficult for his family to live.

B. The need to strictly observe traffic regulations is increasing as the number of automobiles rapidly increase today and the number of driver's licenses are issued in large quantities, so traffic conditions are congested on the day.

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