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(영문) 서울행정법원 2020.11.25 2020구단14130
자동차운전면허취소처분취소
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

Details of the disposition

At around 02:00 on May 8, 2020, the Plaintiff driven C Poter Cargo Vehicles while under the influence of alcohol content of 0.169% on the front side of Geumcheon-gu Seoul Metropolitan Government.

(2) On May 19, 2020, the Defendant issued a disposition to revoke the Plaintiff’s driver’s license (Class 1 common) on the ground of the instant drunk driving.

(hereinafter “instant disposition.” The Plaintiff dissatisfied with the instant disposition and filed an administrative appeal with the Central Administrative Appeals Commission on June 19, 2020, but was dismissed on July 21, 2020.

[Grounds for recognition] In light of the facts without dispute, Gap's evidence Nos. 1 through 4, 6, Eul's evidence Nos. 1 through 8, and the purport of the whole pleadings as to legitimacy of the disposition of this case, the plaintiff's allegation that the disposition of this case is legitimate, which does not cause traffic accidents due to the plaintiff's drinking driving of this case, there is no history of drinking driving, the plaintiff's driver's license as a company member must be necessary, driving is an important means to maintain the family's livelihood, and the disposition of this case faces economic difficulties, the disposition of this case is illegal

Judgment

Today, in light of the increasing number of automobiles and the increasing number of car driving licenses, and the need to strictly observe traffic regulations according to the reduction of traffic conditions as the traffic conditions are growing, and the frequent traffic accidents caused by the driving of a motor vehicle are frequently and the results thereof are harsh, so it is necessary to strictly regulate the driving of a motor vehicle, it is more necessary to realize public interest rather than to suffer from any disadvantage that is not caused by the revocation of the license for the driving of a motor vehicle (see Supreme Court Decision 96Nu10812, Oct. 11, 1996). Considering the following facts and circumstances that can be acknowledged by taking into account the overall purport of the arguments as seen earlier, the instant disposition is taken into account.

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