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(영문) 인천지방법원 2020.08.25 2020구단1909
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 11, 2020, the Plaintiff driven B vehicles while under the influence of alcohol of 0.112% of alcohol level around 03:25.

B. Accordingly, on March 28, 2020, the Defendant rendered a decision to revoke the driver's license (class 1 common) to the Plaintiff by applying Article 93 (1) 1 of the Road Traffic Act.

(hereinafter “instant disposition”). C.

On June 9, 2020, an administrative appeal filed by the Plaintiff against the instant disposition was dismissed.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 through 8 (including branch numbers), the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion that there was no damage caused by the alcohol driving of the instant case, and the distance of movement is relatively short of 100 meters, and the Plaintiff is about a dispute with an employee of the lodging establishment.

Considering the fact that drinking driving was discovered on the wind reported to the police, that the driver's license is absolutely necessary as a member of the company, and that there is difficulties in maintaining the livelihood, supporting the family, and supporting the mother hospital when the driver's license is revoked, etc., the instant disposition is more unfavorable than the public interest gained therefrom, and thus is unlawful by abusing its discretion.

B. In light of the fact that one motor vehicle is a mass means of transportation and accordingly, the need to strictly observe traffic regulations is greater as the traffic situation is congested as the driver's license is issued in large volume, and the traffic accidents caused by drinking driving are frequently frequent and the results are harsh, so it is necessary to strictly regulate drinking driving in order to protect the majority of drivers and pedestrians, the need for public interest to prevent traffic accidents caused by drinking driving should be more serious, and the cancellation of driver's license is cancellation of the ordinary beneficial administrative act.

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