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(영문) 부산지방법원 2020.10.07 2020구단1616
자동차운전면허취소처분취소
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Details of the disposition;

A. On April 17, 2020, at around 23:50, the Plaintiff driven C vehicle under the influence of alcohol level of 0.135% at the front of the Geum-gu, Busan.

B. On May 21, 2020, the Defendant rendered a disposition to revoke the first-class ordinary driver’s license pursuant to Article 93(1)1 of the Road Traffic Act (hereinafter “instant disposition”) on the ground that the Plaintiff was driven under the influence of alcohol 0.135% of alcohol level.

C. On June 4, 2020, the Plaintiff filed an administrative appeal with the Central Administrative Appeals Commission on the instant disposition, but the said claim was dismissed on July 14, 2020.

[Ground of recognition] Facts without dispute, Gap evidence 1, 3, Eul evidence 1-1, 1-2, and 3-3, the purport of the whole pleadings

2. Determination

A. In light of the purport of the Plaintiff’s assertion, since the acquisition of the Class 1 ordinary driver’s license on February 1, 1999, only the traffic accident or the influence of drinking, the traffic accident or the influence of drinking, the passage of approximately 200 to 300 meters in the state of drinking, the ordinary class used by an agent, the active cooperation in the enforcement process, the need for a driver’s license for the sale of scientific apparatus, the maintenance of livelihood and family support are difficult if the driver’s license is revoked, and the disposition of this case is seriously against the driving of drinking, the disposition of this case is unlawful by abusing or abusing its discretionary authority.

B. In light of the fact that a motor vehicle is a mass means of transportation and accordingly, the need to strictly observe traffic regulations is greater as traffic conditions are congested on the day, and the traffic accidents caused by drinking driving are frequent and there are many cases where the results are harsh, so it is necessary to strictly regulate driving to protect the majority of drivers and pedestrians, the need for public interest to prevent traffic accidents caused by drinking driving should be more serious, and the revocation of a driver's license is the general public.

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