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(영문) 인천지방법원 2020.05.26 2020구단531
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 November 29, 2019, the Plaintiff driven B vehicles while under the influence of alcohol with 0.113% alcohol level around 23:31.

B. Accordingly, on December 7, 2019, by applying Article 93(1)1 of the Road Traffic Act, the Defendant issued a notice of decision to revoke the driver’s license (class 1 common) to the Plaintiff.

(hereinafter “instant disposition”). C.

The administrative appeal filed by the Plaintiff against the instant disposition was dismissed on February 18, 2020.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6, Eul evidence Nos. 1 through 12 (including branch numbers), the purport of the whole pleadings

2. Whether the disposition is lawful;

A. In light of the Plaintiff’s assertion that there was no personal or material injury to others due to the instant drunk driving, the distance of movement is relatively short of 2km, the use of a usual driving during drinking, the confession, etc. actively cooperates in the detection of drinking driving, and the fact that commuting and the driver’s license is absolutely absolutely necessary for the employee of the electronic plant production team to commute to and from work as a member of the company belonging to the electronic plant production team, and that economic support for the members of the hospital whose livelihood, family support, and health are not good at the time of the revocation of the driver’s license and the parents’s economic support is difficult, the instant disposition is deemed to have much more disadvantages of the Plaintiff, which are contrary to the public interest to be achieved

B. In light of the fact that one motor vehicle is a mass means of transportation and accordingly, the need to strictly observe traffic regulations is growing as the traffic situation is congested due to the issuance of a large number of driver's licenses, and the traffic accidents caused by drinking driving are frequently frequent and the results are harsh, so it is necessary to strictly regulate driving to protect the majority of drivers and pedestrians, the need for public interest to prevent traffic accidents caused by drinking driving should be more serious.

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