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(영문) 창원지방법원 2015.09.22 2015구단456
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 April 29, 2015, the Plaintiff, while under the influence of alcohol at around 02:28, caused a traffic accident where one ordinary person was injured by driving a B vehicle while under the influence of alcohol at 0.110%.

B. Accordingly, on June 10, 2015, the Defendant rendered a disposition to revoke the license for Class 1 ordinary and Class 2 ordinary driving (hereinafter “instant disposition”).

C. On June 29, 2015, the Plaintiff filed an administrative appeal seeking revocation of the instant disposition with the Central Administrative Appeals Commission, but was dismissed on August 4, 2015.

[Ground of recognition] The fact that there is no dispute, Gap evidence 1 (including paper numbers), Eul evidence 1, Eul 1, 4 through 11, and 15, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion that the plaintiff should carry out the duty of installation and repair of water purifiers in the water purifier company. Thus, considering various circumstances such as the fact that the driver's license is essential for the maintenance of the workplace and his family's livelihood, the driver's license is nonexistent, the driver's license is not available for drinking driving, and the driver's license is allowed to travel a substitute driver to a conspicuous place, and the traffic accident occurred, but the victim did not receive any specific treatment by himself/herself due to minor damage, the defendant's disposition of this case constitutes an abuse of discretionary authority.

B. 1) In light of the fact that the revocation of a driver’s license on the ground of drinking is today’s discretionary act of an administrative agency, and accordingly, a large amount of motor vehicles are the mass means of transportation and the trend and result of the increase of traffic accidents caused by drinking driving, etc., the necessity for public interest to prevent traffic accidents caused by drinking driving is very large (see, e.g., Supreme Court Decision 97Nu13214, Nov. 14, 1997). Therefore, revocation of a driver’s license on the ground of drinking driving is the revocation of ordinary beneficial administrative act.

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