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(영문) 대구지방법원 2020.10.16 2020구단1297
자동차운전면허취소처분취소
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Details of the disposition;

A. On February 20, 2020, at around 04:27, the Plaintiff driven a Bnibane car under the influence of alcohol concentration of 0.132% at the front of the road at the intersection of the Southern-gu Daegu metropolitan intersection (hereinafter “instant drinking”).

B. On March 17, 2020, the Defendant rendered a decision to revoke the Plaintiff’s driver’s license (class 1 large, class 1 common) of the Plaintiff as of April 15, 2020 pursuant to Articles 93(1)1 and 44(1) of the Road Traffic Act to the Plaintiff on the ground of the instant drunk driving.

(hereinafter “instant disposition”). C.

The Plaintiff appealed against the instant disposition and filed an administrative appeal, but the Central Administrative Appeals Commission rendered a ruling dismissing the Plaintiff’s claim on June 9, 2020.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2, 3, Eul evidence 1 to 4 (including provisional number), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion that the plaintiff's driver's license is absolutely necessary to maintain his/her livelihood because he/she is engaged in the delivery service at marina, and the plaintiff's family is financially difficult to support the plaintiff, and the plaintiff has no less than once a drunk driving prior to the driving of the case, and actively cooperates in the investigation of drinking driving, etc., the disadvantage of the plaintiff infringed on compared to the public interest protected by the disposition of this case is significantly excessive, and thus, the disposition of this case is unlawful by abusing or abusing discretionary authority.

B. The revocation of a driver's license when a person who has obtained one driver's license is driving under the influence of alcohol is the discretionary act of an administrative agency. However, in light of the increase of traffic accidents caused by driving under the influence of alcohol, the necessity of public interest to prevent traffic accidents caused by driving under the influence of alcohol should be more emphasized. The revocation of the driver's license is different from the revocation of the general beneficial administrative act.

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