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(영문) 인천지방법원 2020.05.12 2020구단36
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 August 3, 2019, the Plaintiff driven B vehicles while under the influence of alcohol at around 23:44, while under the influence of alcohol at 0.094%.

B. On August 29, 2019, by applying Article 93(1)1 of the Road Traffic Act, the Defendant issued a notice of decision to revoke the driver’s license (class 2 common) to the Plaintiff.

(hereinafter “instant disposition”). C.

The administrative appeal filed by the Plaintiff against the instant disposition was dismissed on December 3, 2019.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6, Eul evidence Nos. 1 through 11 (including branch numbers), the purport of the whole pleadings

2. Whether the disposition is lawful;

A. Considering the fact that there was no damage caused by the Plaintiff’s assertion, the distance of movement is relatively short of 500 meters, which actively cooperates in the detection of drinking driving, such as a confession, etc., and the driver’s license of beauty art business of the department with a lot of business trips is absolutely necessary when the driver’s license is revoked, and the difficulty arises in the members of the Seoul Hospital located within the Seoul Hospital, the instant disposition is unlawful by abusing its discretionary power, since the disadvantage of the Plaintiff, which is much more infringed than the general public interest to be achieved, is much more than the disadvantage of the Plaintiff that is infringed than the general public interest to be achieved.

B. In light of the fact that one motor vehicle is a mass means of transportation and accordingly, the need to strictly observe traffic regulations is greater as the traffic situation is congested as the driver's license is issued in large volume, and the traffic accidents caused by drinking driving are frequently frequent and the results are harsh, so it is necessary to strictly regulate drinking driving in order to protect the majority of drivers and pedestrians, the need for public interest in preventing traffic accidents caused by drinking driving should be more serious, and the revocation of driver's license is the general beneficial administrative act.

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