(영문) 수원지방법원 2017.05.17 2017구단6154

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(영문) 수원지방법원 2017.05.17 2017구단6154

자동차운전면허취소처분취소

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. On August 5, 2016, around 22:46, on the ground that the Plaintiff driven D Kanb car on the front of the Cmate in front of the Danb located in Chungcheongnam-gun B while under the influence of alcohol by 0.113% (the result of blood collection measurement), the Defendant applied Article 93(1)1 of the Road Traffic Act to the Plaintiff’s Class II ordinary car driving license (license number: E) as of August 25, 2016, and revoked the Plaintiff’s Class II ordinary car driving license as of September 27, 2016.

[Ground of recognition] No dispute, Gap 1 through 4, Eul 4 through 9, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion is that the plaintiff's act of asserting that the plaintiff's act of driving and driving are limited to 300 meters from the restaurant and the lodging room were merely 300 meters from the restaurant at the time, and the driver's license was discovered. On October 1992, the plaintiff's act of abusing discretion because of the plaintiff's act of drinking driving or traffic accident only once for about 24 years after the re-acquisition of the driver's license. The driving distance is short and no accident occurred. The plaintiff is working as the head of the working group at the construction site at the present, and the plaintiff must support his family, such as his wife who is essential and has a great intellectual disorder, etc.

B. Even if the revocation of a driver's license on the ground of drinking driving is an administrative agency's discretionary act, in light of today's mass means of transportation, and the situation where a driver's license is issued in large quantities, the increase of traffic accidents caused by drinking driving, and the seriousness of the result, etc., the need for public interest to prevent traffic accidents caused by drinking driving should be emphasized, and when the driver's license is revoked on the ground of drinking driving on the ground of the revocation of the driver's license on the ground of drinking driving on the ground of the revocation of the ordinary beneficial administrative act, it is rather than

참조조문

-도로교통법 제93조 제1항 제1호

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