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(영문) 의정부지방법원 2018.04.19 2018구합10809
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 16, 2017, around 04:15, the Plaintiff driven a Maz motor vehicle under the influence of alcohol by 0.119% at the 11km section of blood alcohol content from the vicinity of the death distance to the roads near the river of Yongsan-gu Seoul, Yongsan-gu, Seoul to the river of the 347 Northwest-do.

B. Accordingly, on September 26, 2017, the Defendant rendered the instant disposition to the Plaintiff on the grounds of Article 93(1)1 of the Road Traffic Act, which revoked the driver’s license (Class I, Class I, Class I, and Class I, Large-Scale Vehicles).

On November 9, 2017, the Plaintiff appealed against the instant disposition and filed an administrative appeal with the Central Administrative Appeals Commission, but the Central Administrative Appeals Commission dismissed the said request on December 19, 2017.

【Fact-finding without dispute over the ground for recognition, Gap evidence 1, 2, Eul evidence 5 through 12, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff asserts that the instant disposition should be revoked since it abused discretion, considering the following as a whole: (a) the Plaintiff used the Plaintiff’s substitute driving after normal drinking; (b) the blood alcohol concentration (0.119%) of this case is relatively similar to 0.1%, which is the criteria for revocation of license; (c) the Plaintiff actively cooperated with the investigative agency; and (d) the Plaintiff actively cooperates with the investigative agency; and (e) the Plaintiff’s performance of its duties and maintenance

B. According to Article 93(1)1 of the Road Traffic Act and Article 91(1)28 of the Enforcement Rule of the same Act, the criteria for revoking the license are determined when a person drives a vehicle in a drunken state (at least 0.1% of blood alcohol concentration).

There is no reasonable reason to recognize the above revocation criteria as significantly unfair, and since today's automobile becomes a mass means of transportation, and accordingly a large number of driver's licenses are issued, and traffic accidents occur frequently and the results are harsh, it is to prevent traffic accidents caused by drinking driving.

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