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(영문) 대구지방법원 2016.06.10 2016구단532
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 10, 2016, the Defendant issued the instant disposition with respect to the Plaintiff on the ground that the Plaintiff driven C vehicles while under the influence of alcohol level of 0.158% on the road front of the autonomous crime prevention center in Daegu Dong-gu B on the roads of the autonomous crime prevention center in the Daegu-gu B on February 27, 2016, the Defendant revoked the Plaintiff’s license for Class 1 large-scale, Class 1 ordinary, and Class 1 special (bitr) driving on April 11, 2016.

B. The Plaintiff filed an administrative appeal against the instant disposition, but the Central Administrative Appeals Commission rendered a ruling dismissing the said claim on May 10, 2016.

【Unfounded facts, entry of evidence Nos. 1 and 8, and the purport of the whole pleadings】

2. Whether the instant disposition is lawful

A. In light of the fact that the driver’s license is revoked and the re-employment is difficult, etc., the instant disposition is an abuse of discretion and is unlawful.

B. (1) In full view of the following circumstances acknowledged by comprehensively taking into account the purport of the entire evidence presented in the judgment, the public interest is more likely to be achieved than the disadvantage suffered by the Plaintiff due to the instant disposition, even considering the degree of disadvantage suffered by the Plaintiff and other various circumstances asserted by the Plaintiff.

(1) Article 91 (1) [Attachment Table 28] of the Enforcement Rules of the Road Traffic Act

2. Individual criteria for revocation stipulate that driver's license shall be revoked when a person drives a vehicle in a drunken state (not less than 0.1 percent of alcohol level in blood). The instant disposition conforms to the above criteria.

② The need to strictly observe traffic regulations is increasing due to the rapid increase of automobiles, the large number of driver’s licenses is issued, and traffic conditions are complicated, and particularly, traffic accidents caused by drunk driving are frequently and the results are harsh.

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