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(영문) 수원지방법원 2016.03.25 2015구단33640
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 9, 1988, the Plaintiff acquired a Class 1 driver’s license for ordinary vehicles (B), and was driven by the Plaintiff. On July 29, 2015, the Plaintiff, while under the influence of alcohol at around 01:30 on July 29, 2015, CK9’s car volume was driven by about 10 meters from the D Building in Seongbuk-gu Seoul Metropolitan City to the front road of the same building, and was exposed to drinking control.

B. Accordingly, on August 10, 2015, 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 driven the same alcohol as above.

C. The Plaintiff filed an administrative appeal on August 26, 2015, but was dismissed on October 2, 2015.

[Ground of recognition] The entry of Gap evidence No. 3 and the purport of the whole argument

2. Whether the disposition is lawful;

A. The Plaintiff’s alleged vehicle was set up in the underground parking lot, but the substitute engineer moved about about 10 meters before the parking lot to find the vehicle promptly, and parked the vehicle again, and then the substitute engineer attempted to board the vehicle. Considering the fact that the Plaintiff’s representative of an enterprise that installs semiconductor parts and equipment is essential and revoked, if the driver’s license is revoked, the Plaintiff’s livelihood and the company’s employees’ livelihood are threatened. The Defendant’s disposition of this case constitutes a case where the Defendant’s discretion is excessively harsh and thus, constitutes a deviation or abuse of discretionary power.

B. On the other hand, since the rapid increase of motor vehicles today and the number of driver's licenses are issued in large volume, the need to strictly observe traffic regulations is increasing as traffic conditions are congested on the day, and in particular, traffic accidents caused by drunk driving are frequently frequent and the results are harsh, so it is very important for public interest to prevent traffic accidents caused by drunk driving. Therefore, the revocation of driver's licenses on the grounds of drunk driving is different from the revocation of ordinary beneficial administrative acts.

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