(영문) 대전지방법원 2018.12.20 2018구단710

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대전지방법원 2018.12.20 2018구단710

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 30, 2018, the Plaintiff driven D vehicles under the influence of alcohol 0.079% at the frontway in Ansan-si B, with a blood alcohol concentration of at least 0.079%.

B. On May 14, 2018, the Defendant rendered the instant disposition revoking the Plaintiff’s driver’s license (Class 1 common) on the ground of drunk driving at least three occasions.

C. The Plaintiff filed an administrative appeal against the instant disposition, but the said claim was dismissed on July 17, 2018.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 15, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. Considering that the Plaintiff’s assertion did not cause personal injury due to drunk driving, that the Plaintiff’s blood alcohol level at the time of detection is lower than 0.10%, which is the criteria for revocation of license, and that the Plaintiff’s driver’s license is absolutely necessary for job performance and maintenance of livelihood, etc., the instant disposition was excessively harsh to the Plaintiff, thereby abusing discretion.

B. The Plaintiff had a record of driving under the influence of alcohol (0.077% of blood alcohol level) on October 30, 2007 and driving under the influence of alcohol (0.070% of blood alcohol level) on September 21, 2012, and re-driving under the influence of alcohol.

Article 44 (1) and 93 (1) 2 of the Road Traffic Act, and Article 44 (1) and Article 93 (1) 2 of the Road Traffic Act shall be prohibited from driving a motor vehicle while under the influence of alcohol, and the Commissioner of a Local Police Agency shall revoke the driver's license if the person who has obtained the driver's license violates the latter part of Article 44 (1) or (2) of the Road Traffic Act not less than twice and if the person falls under the grounds for suspension of the driver's license again, in violation of paragraph (1) of the same Article, administrative

Therefore, the Plaintiff’s assertion that the instant disposition is a discretionary act is without merit, and otherwise, this case.

참조조문

-도로교통법 제44조 제1항

-도로교통법 제93조 제1항 제2호

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