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(영문) 수원지방법원 2017.04.26 2017구단88
자동차운전면허취소처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On October 5, 2016, around 23:07, on the ground that the Plaintiff driven B-V car volume on the Tram Tram Tram Tram Tram Tram Tram Tram Tram Tram Tram Tram Ham Ham Ham-V car located in the Dong-gu Nan-dong, Ansan-si, Around October 5, 2016, the Defendant issued the instant disposition revoking the Plaintiff’s first-class ordinary car driver’s license (license number: C) as of November 16, 2016, by applying Article 93(1)1 of the Road Traffic Act.

[Ground of recognition] No dispute, Gap 2, Eul 4 through 8, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that, after his retirement, the Plaintiff attempted to take a substitute driver after drinking her friendship and alcohol, but failed to do so, and was directly driving, and was found to have been exposed to a crackdown police officer as a female-friendly home.

In light of the fact that a drinking alcohol test was conducted at the time 21 minutes have passed after the final drinking, and there was no traffic accident, and that there was a possibility of excessive measurement, the driving distance is about 500 meters, and that the Plaintiff is in charge of business operations in the manufacturing company and the driver’s license is essential, the instant disposition constitutes a case where the Plaintiff excessively abused or abused discretion due to excessive suspicion to the Plaintiff.

B. Even if the revocation of a driver's license on the ground of drinking driving is an administrative agency's discretionary act, 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 seriousness of the result, etc., the need for public interest to prevent traffic accidents caused by drinking driving should be emphasized, and the revocation of a driver's license on the ground of drinking driving on the ground of drinking driving should be emphasized more than the disadvantage of the parties that would be suffered from the revocation, unlike the revocation of the ordinary beneficial administrative act.

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