(영문) 수원지방법원 2015.07.15 2015구단1322

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(영문) 수원지방법원 2015.07.15 2015구단1322

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 February 3, 2015, at around 23:10, the Plaintiff driven B rocketing car volume on the road front of the Doming-dong in the Sinsan-si, Sinsan-do, under the influence of alcohol by 0.117% of alcohol level.

B. On February 25, 2015, the Defendant rendered the instant disposition to the Plaintiff on March 23, 2015, under Article 93(1)1 of the Road Traffic Act, revoking the Plaintiff’s Class I ordinary and Class II ordinary driver’s license (license number: C).

[Reasons for Recognition] The entry of Gap evidence Nos. 3, 4, Eul evidence Nos. 1 to 13, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion is unlawful as it deviatess from and abused discretion, considering various circumstances, including the following: (a) the Plaintiff is going through a business trip from time to time to time and is responsible for his family’s livelihood; and (b) the driver’s license is essential; and (c) the distance of driving is 50 meters as measured drinking water constitutes a mitigation standard; and (d) the instant disposition is unlawful.

B. Even if the revocation of the driver's license on the ground of drinking driving is an administrative agency's discretionary action, in light of today's mass means of transportation and the situation where the driver's license is issued in large quantities, the increase of traffic accidents caused by drinking driving, and the suspicion of its result, etc., the need for public interest should be emphasized to prevent traffic accidents caused by drinking driving, and when the driver's license is revoked on the ground of drinking driving on the ground of the revocation of the driver's license on the ground of drinking driving on the ground of the revocation of the ordinary beneficial administrative action, the general preventive aspect should be emphasized more than the disadvantage of the party

(see, e.g., Supreme Court Decision 2012Du1051, May 24, 2012). In light of the foregoing legal doctrine, the foregoing evidence and the purport of the entire pleadings are recognized based on the health care unit, the aforementioned evidence and the entire pleadings.

참조조문

-도로교통법 제93조 제1항 제1호

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