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(영문) 서울행정법원 2015.02.12 2014구단15699
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 May 22, 2014, at around 22:00, the Plaintiff was involved in a traffic accident while driving B rocketing car while under the influence of alcohol content of 0.103% at the front of the 30 Sam apartment-ro 159, East-gu, East-gu, East-gu, 2014.

B. On July 14, 2014, the Defendant issued a disposition revoking the Plaintiff’s first and second class ordinary driving licenses as of August 12, 2014 (hereinafter “instant disposition”).

C. The Plaintiff filed an administrative appeal on August 22, 2014, but the Central Administrative Appeals Commission dismissed the Plaintiff’s claim on September 23, 2014.

【Ground of recognition】 The fact that there is no dispute, Gap evidence 1, Gap evidence 2, Eul evidence 1 through 10, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion is that the Plaintiff drinks a small amount of alcoholic beverages with his sons and low-sects, and dialogues for long time.

In light of the following: (a) the Plaintiff and the Plaintiff’s family members, who are engaged in the business of supplying and delivering kitchen supplies, have caused minor contact accidents while driving in the heart without clear head; (b) the Plaintiff agreed with the victim, which has been an exemplary driver’s license since the Plaintiff acquired the Plaintiff’s license in 1997; and (c) the Plaintiff’s revocation of the Plaintiff’s license is difficult to maintain the livelihood of the Plaintiff and the Plaintiff’s family members, the instant disposition is unlawful by abusing its discretionary authority.

(b) The details of the relevant statutes are as shown in the attached statutes.

C. Even if the revocation of the driver's license on the ground of drinking driving is an administrative agency's discretionary act, 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, the need for public interest to prevent traffic accidents caused by drinking driving should be emphasized, and it is based on drinking driving.

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