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(영문) 창원지방법원 2015.02.11 2014구단10265
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 April 26, 2014, the Plaintiff driven B vehicles under the influence of alcohol with 0.1% of alcohol concentration at around 22:50.

B. Accordingly, on June 19, 2014, the Defendant issued a disposition to revoke the first-class ordinary license (hereinafter “instant disposition”) to the Plaintiff.

C. The Plaintiff underwent the pre-trial procedure.

[Ground of recognition] The fact that there is no dispute, Gap's 1 through 3 evidence, Eul's 1 through 13 evidence (including partial defense number), the purport of the whole pleading

2. Whether the instant disposition is lawful

A. The Plaintiff’s blood alcohol content was measured accurately by 0.100%, and the result of the Plaintiff’s blood alcohol measurement method may vary depending on the body condition and measurement method of the person, and considering the error of the measuring instrument itself, even if the measurement by blood collection may be lower, the Plaintiff did not perform a measurement; the Plaintiff must support his/her family, such as the mother, who suffers from visual disorder and need for his/her driver’s license for work; and the circumstance leading up to his/her drinking driving until he/she was unable to accurately grasp the location of his/her substitute engineer, etc., the instant disposition by the Defendant constitutes a case where he/she deviates or abused discretionary power.

B. 1) In light of the fact that the revocation of a driver’s license on the ground of drinking is today’s discretionary act of an administrative agency, and accordingly, a large amount of motor vehicles are the mass means of transportation and the trend and result of the increase of traffic accidents caused by drinking driving, etc., the necessity for public interest to prevent traffic accidents caused by drinking driving is very large (see, e.g., Supreme Court Decision 97Nu13214, Nov. 14, 1997). Therefore, revocation of a driver’s license on the ground of drinking driving is the revocation of ordinary beneficial administrative act.

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