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(영문) 청주지방법원 2018.04.12 2018구합55
자동차운전면허취소처분취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Around 00:40 on September 22, 2017, the Plaintiff driven a DNA siren car while under the influence of 0.115% of blood alcohol level on the front of the C Child Care Center located in Seo-gu, Seo-gu, Seowon-si. On the ground of the foregoing, the Defendant issued a disposition to revoke the Plaintiff’s Class 1 ordinary driver’s license and Class 2 ordinary driver’s license pursuant to Article 93(1)1 of the Road Traffic Act (hereinafter “instant disposition”).

[Ground of recognition] Facts without dispute, Eul's entry in the evidence (including the serial number; hereinafter the same shall apply), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. Considering the fact that there was no accident caused by the Plaintiff’s alleged drunk driving, that there was no human or physical damage caused by the Plaintiff’s alleged drunk driving, that a proxy driver was allowed to drive under the influence of alcohol without being allowed to do so, that the blood alcohol level is relatively minor, that confessioned about the fact of drunk driving, that deep meetings were held, and that the driver’s license is essential to maintain the livelihood of the insurance company’s employees, that the person’s work as an insurance company’s employees, and that there is need to support his family and economic difficulties, the above disposition should be revoked by exceeding the disadvantage of the Plaintiff, which is contrary to the public interest gained from the instant disposition, and thus, should

(b) as shown in the attached Form of the relevant statutes;

C. Even if the revocation of a driver's license on the ground of drinking driving on the ground of the legality of the instant disposition is the discretionary act of an administrative agency, in light of today's mass means of transportation, and the situation where a driver's license is issued in large quantities, the increase of traffic accidents caused by drinking driving, and the cruelness of the result, etc., the need for public interest to prevent traffic accidents caused by drinking driving should be more serious, and when the driver's license is revoked, unlike the revocation of the ordinary beneficial administrative act, the revocation shall be suffered.

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