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(영문) 서울행정법원 2021.02.17 2020구단20838
자동차운전면허취소처분취소
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

Details of the disposition

around 04:56 on August 9, 2020, the Plaintiff driven C Poter Cargo with alcohol level of 0.146% on the roads in front of Mapo-gu Seoul, Seoul (hereinafter “instant drinking”). On September 18, 2020, the Defendant issued a disposition to the Plaintiff to revoke the Plaintiff’s driver’s license (class 1, class 2, class 2) on the ground of the instant drinking (hereinafter “instant disposition”). On October 16, 2020, the Plaintiff dissatisfied with the instant disposition, filed an administrative appeal with the Central Administrative Appeals Commission on October 16, 2020, but was dismissed on November 17, 2020.

[Grounds for recognition] In light of the fact that there is no dispute, Gap evidence Nos. 1 through 3, 5, Eul evidence Nos. 1 through 7, and the purport of the entire argument as to legitimacy of the disposition of this case, the plaintiff's traffic accident did not occur due to the plaintiff's assertion as to legitimacy of the disposition of this case, the distance of driving of this case is limited to 1 to 2 km, the plaintiff's driver's license as a selective engineer, which is an important means to maintain the family's livelihood, and the disposition of this case causes difficulties in living due to the disposition of this case, the disposition of this case is unlawful as it deviates from and abused the scope of discretion.

Judgment

Today, in light of the fact that a rapid increase in automobiles and a large number of driver's licenses are issued, the need to strictly observe the traffic laws and regulations is growing, and the traffic accidents caused by the driving of a motor vehicle are frequently frequently and there are many cases where the results are harsh, so it is necessary to strictly regulate the driving of a motor vehicle, it is more necessary to realize public interest rather than to suffer any disadvantage that a driver who does not cause a traffic accident due to the cancellation of a driver's license (see Supreme Court Decision 96Nu10812, Oct. 11, 1996). The following facts and circumstances that can be acknowledged by comprehensively taking into account the purport of the entire arguments as seen earlier.

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