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(영문) 부산지방법원 2021.01.27 2020구단2695
자동차운전면허취소처분취소
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Details of the disposition;

A. On June 25, 2020, at around 05:00, the Plaintiff driven C vehicle under the influence of alcohol level of 0.163% while under the influence of alcohol level at the front of Busan Suwon-gu B.

B. On July 15, 2020, the Defendant issued a disposition to revoke the first-class ordinary driver’s license pursuant to Article 93(1)1 of the Road Traffic Act (hereinafter “the instant disposition”) on the ground that the Plaintiff driven while under the influence of alcohol 0.163% in blood.

(c)

On September 14, 2020, the Plaintiff filed an administrative appeal with the Central Administrative Trial Committee regarding the instant disposition, but the said claim was dismissed on October 27, 2020.

[Ground for recognition] Unsatisfy, Gap evidence Nos. 1, 2, and 3, Eul evidence Nos. 1-1, 1-2, and 3-3, the purport of the whole pleadings

2. Determination

A. In light of the fact that only moving about 2 km in the main place of the Plaintiff’s assertion, there is no fact that there was a traffic accident that obstructs traffic flow or causes human material damage, active cooperation in the enforcement process, the company’s operating business division’s driver’s license is necessary, and the cancellation of the driver’s license is difficult to maintain livelihood, and the driving of drinking is seriously contrary to the driving of drinking, etc., the instant disposition is unlawful by abusing and abusing discretion.

B. In light of the fact that a motor vehicle is a mass means of transportation and accordingly, the need to strictly observe the traffic laws and regulations is growing as the traffic situation is congested by mass issuance of a motor vehicle driver's license, and the traffic accidents caused by drinking is frequent and there are many cases where the consequences of the traffic accidents caused by drinking are harsh, so it is necessary to strictly regulate the driving of drinking in order to protect the majority of the public and pedestrians, the need for public interest in preventing traffic accidents caused by drinking, and the revocation of the driver's license differs from the cancellation of the ordinary beneficial administrative act.

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