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(영문) 대구지방법원 2020.06.12 2020구단89
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 September 25, 2019, at around 22:38, the Plaintiff driven C vehicle under the influence of alcohol concentration of 0.106% on the front of Busan City B (hereinafter “instant drinking”).

B. On October 22, 2019, the Defendant rendered a decision to revoke the Plaintiff’s driver’s license (class 1 large, class 1 ordinary, class 2 ordinary, class 2 small, class 2 small, and class 2 motorcycles) of the Plaintiff as of November 24, 2019 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 referred to as “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 December 17, 2019.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, Eul evidence Nos. 1, 2, and 3 (including additional numbers), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. In full view of the fact that the Plaintiff’s assertion did not cause damage due to the driving under the influence of alcohol, the distance of the driving under the influence of alcohol is short, the Plaintiff uses a normal driving under the influence of the Plaintiff, the Plaintiff’s use of any traffic accident or no history of driving under the influence of alcohol, the Plaintiff actively cooperates in the process of investigating the driving under the influence of alcohol, the possibility and risk of criticism in this case, the Plaintiff’s job seeking is difficult without a driver’s license, and the Plaintiff’s job seeking is absolutely necessary for maintaining livelihood, the Plaintiff’s family members are supported by the Plaintiff, and the Plaintiff’s economic difficulty is significantly excessive, and thus, the instant disposition is unlawful by deviating from and abusing its discretionary authority.

B. The revocation of a driver's license when a person who has obtained one driver's license drives under the influence of alcohol is the discretionary act of an administrative agency. However, the increase in a traffic accident caused by a drunk driving and the result thereof are significant.

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