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(영문) 수원지방법원 2015.06.19 2015구단749
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 March 31, 1990, the Plaintiff: (a) driven a Class 2 ordinary car driving license (B) on October 10, 200; and (b) driven a Class 1 ordinary car driving license on December 28, 201; (b) driven a C Carp vehicle under the influence of alcohol level of 0.113% on December 28, 2014; (c) caused an accident that caused the injury of the victim D by shocking the victim D from the back of the Gamdong-dong department store in the Gyeonggi-si, Suwon-dong, Seoul Special Metropolitan City, by driving the C Carp vehicle under the influence of alcohol level of 0.13% on December 28, 2014.

B. Accordingly, on January 13, 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 was involved in a traffic accident while driving under the influence of alcohol as above.

C. The Plaintiff filed an administrative appeal on January 16, 2015, but was dismissed on February 24, 2015.

[Ground of recognition] Unsatisfy, Gap evidence 4, Eul evidence 4

2. Whether the disposition is lawful;

A. In light of the following, the Plaintiff’s assertion that the instant accident was relatively minor and the blood alcohol measurement value is relatively low to 0.113%, and the Plaintiff has an exemplary driving engine for 21 years, and the Plaintiff’s representative engineer who has a duty-related driver’s license is extremely urgently required and the driver’s license is revoked, the instant disposition is unlawful as it constitutes a case where the instant disposition was rendered in the absence of the grounds for disposition, or where it was abused or abused by discretionary authority.

B. In today’s rise of the number of vehicles today, and the number of driver’s licenses are issued in large volume, so the need to strictly observe traffic regulations is increasing as traffic conditions are congested, 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, revocation of driver’s licenses on the grounds of drunk driving is different from revocation of ordinary beneficial administrative acts.

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