(영문) 수원지방법원 2015.05.13 2015구단534

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(영문) 수원지방법원 2015.05.13 2015구단534

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 October 7, 2014, at around 22:33, the Plaintiff driven B cruise car on the front of the 2000th Amcheon Sports Complex, which is located in Sungnam-si Pungdong, while under the influence of alcohol by 0.12% of alcohol level.

B. On October 23, 2014, the Defendant rendered the instant disposition to revoke the Plaintiff’s first-class ordinary driver’s license (license number: C) on November 23, 2014 by applying Article 93(1)1 of the Road Traffic Act to the Plaintiff on the ground of the foregoing drunk driving.

[Ground of recognition] Evidence Nos. 1, No. 1 to 13, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion is difficult to accept that the Plaintiff’s blood collection was conducted at 0.109% in the initial respiratory measurement, which led to the Plaintiff’s measurement of blood collection. In light of various circumstances such as the fact that the error appears to have occurred in the application of the Ba mark formula, the Plaintiff’s work type requires the Plaintiff’s driver’s license to deliver the goods after delivery, and the fact that the Plaintiff has been driving the goods in good faith as an exemplary driver, and thus, the instant disposition is unlawful as it deviates from and abused the discretionary authority.

B. Even if the revocation of the driver's license on the ground of drinking driving is an administrative agency's discretionary action, in light of today's mass means of transportation and the situation where the driver's license is issued in large quantities, the increase of traffic accidents caused by drinking driving, and the suspicion of its result, etc., the need for public interest should be emphasized to prevent traffic accidents caused by drinking driving, 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 action, the general preventive aspect should be emphasized more than the disadvantage of the party

Supreme Court Decision 201Da1448 delivered on March 27, 1998

참조조문

-도로교통법 제93조 제1항 제1호

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