(영문) 부산지방법원 2015.05.13 2015구단20149

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(영문) 부산지방법원 2015.05.13 2015구단20149

자동차운전면허취소처분취소

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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 July 22, 2014, the Defendant issued the instant disposition to revoke the Plaintiff’s driver’s license (Class 1, Class 1, ordinary, and serial numbers: C) as of August 20, 2014, on the ground that “The Plaintiff driven B vehicles under the influence of alcohol on the front of the subway Station located in Busan High-dong, Busan High-dong, Busan High-dong, but failed to perform on-site relief measures or duty to report, while driving the vehicle under the influence of alcohol content of 0.127%.”

B. The Plaintiff filed an administrative appeal against the instant disposition, but was dismissed on November 25, 2014.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 to 4 (including paper numbers), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion is unlawful in light of the following: (a) the Plaintiff is in charge of business and marketing through franchise at the Korean office of the fish farming institute located overseas; (b) the Plaintiff suffered difficulties from the disposition of this case; (c) the Plaintiff has no history of violating other important traffic regulations, including drinking driving, etc. since the Plaintiff acquired a driver’s license; (d) the Plaintiff and the victim have agreed to the extent of injury to the Plaintiff; and (e) the Plaintiff is unable to obtain a driver’s license for five years from the disposition of this case, it is difficult for the Plaintiff to further attend the Plaintiff; and (e) the details of traffic accidents including the Plaintiff’s difficulty in maintaining the Plaintiff’s family’s livelihood; (b) the degree of violation of laws and regulations; (c) the extent of damage and restitution; and (d) the Plaintiff’s occupation and disadvantage that

B. The revocation of driver's license for the reason of breach of duty such as relief after killing and injuring a person due to one traffic accident is an administrative agency's discretionary act, and accordingly, a motor vehicle is the mass means of transportation.

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