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(영문) 서울행정법원 2018.11.09 2018구단18962
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. The Plaintiff has a record of violating the prohibition of drunk driving by driving a motor vehicle while under the influence of alcohol on May 2, 2006, with the blood alcohol concentration of 0.101% and blood alcohol concentration of 0.096% on February 18, 2012.

B. On June 15, 2018, the Plaintiff driven Chodo-low automobiles while under the influence of alcohol with a blood alcohol concentration of 0.076% on the front of Jongno-gu Seoul, Jongno-gu.

C. On July 5, 2018, the Defendant notified the Plaintiff of the revocation of the first-class ordinary vehicle driver’s license, the second-class ordinary vehicle driver’s license, and the second-class small vehicle driver’s license (hereinafter “instant disposition”) on the ground that the Plaintiff violated the prohibition of drunk driving more than twice.

The Plaintiff appealed against the instant disposition and filed an administrative appeal, but the Central Administrative Appeals Commission dismissed the Plaintiff’s request for administrative appeal on August 14, 2018.

【Ground of recognition】 The fact that there has been no dispute, Gap's 1, 2, Eul's 3 through 6, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion is unlawful in light of the Plaintiff’s circumstances and various circumstances, such as the Plaintiff’s need to drive a motor vehicle in light of the substance of the business that the Plaintiff ought to take a business trip across the country. Considering the Plaintiff’s circumstances and circumstances, the instant disposition is excessively harsh and is deemed to have abused discretion.

B. In full view of the provisions of Articles 93(1)2 and 44(1) of the Road Traffic Act, the Commissioner of the Local Police Agency must revoke the driver’s license in a case where a person who has violated two or more times the prohibition of driving under the influence of alcohol once again drives under the influence of alcohol falls under the grounds for suspending

As seen above, the plaintiff violated the prohibition of drinking driving again in the state of not less than two times, and the defendant, who is the commissioner of a district police agency, must revoke the plaintiff's driver's license without fail.

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