(영문) 수원지방법원 2016.01.13 2015구단2882

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원 2016.01.13 2015구단2882

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 July 25, 2015, at around 23:04, the Plaintiff driven B-wing and freight vehicles on the front of the B-wing intersection located in Pyeongtaek-si dong while under the influence of alcohol by 0.182%.

B. On August 10, 2015, the Defendant: (a) applied Article 93(1)1 of the Road Traffic Act to the Plaintiff on the ground of the foregoing drunk driving; (b) revoked the Plaintiff’s driver’s license for Class I, II, and II motor vehicles (license number: C) on September 8, 2015.

[Ground of recognition] Class A evidence Nos. 1, 6, Eul evidence Nos. 1 to 13, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion is unlawful as the instant disposition is an abuse of discretion, in view of various circumstances, including: (a) the Plaintiff maintained his livelihood while operating one ton of the cargo vehicles; (b) the Plaintiff’s driver’s license is essential; (c) the Plaintiff took the hospital’s disease to the Medical Care Center; (d) the Plaintiff did not appropriately gather her mother while drinking alcohol; and (e) the Plaintiff did not cause any other human or physical damage due to the Plaintiff’s drunk driving.

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, 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, it should be emphasized that the ordinary preventive aspect should be prevented rather than the disadvantage

In light of the above legal principles, the foregoing evidence was examined as follows.

참조조문

-도로교통법 제93조 제1항 제1호

유사 판례

-수원지방법원 2017.11.29 2017구단2190

-수원지방법원 2015.07.22 2015구단1292

-수원지방법원 2015.05.06 2015구단30634

-수원지방법원 2015.04.15 2014구단32459

-부산지방법원 2018.05.30 2018구단467