logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2014.12.24 2014구단3888
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 September 17, 2003, the Plaintiff acquired Class 1 ordinary car driving license (license number B).

B. On July 5, 2014, around 06:10, the Plaintiff driven a DNA vehicle while under the influence of alcohol concentration of 0.132% in the section of approximately two meters of 0.132 meters in the upper Nowon-gu, Ansan-gu, Ansan-si. The Plaintiff was discovered to the police.

C. On July 24, 2014, the Defendant issued a disposition to revoke the Plaintiff’s above driver’s license (hereinafter “instant disposition”) on August 20, 2014 pursuant to Article 93(1)1 of the Road Traffic Act to the Plaintiff on July 24, 2014.

On August 27, 2014, the Plaintiff filed an administrative appeal with the Central Administrative Appeals Commission on the instant disposition, but received a dismissal ruling on September 30, 2014.

[Reasons for Recognition] Facts without dispute between the parties, Gap evidence Nos. 1, Eul evidence Nos. 1, 4 through 12, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. Considering that the Plaintiff’s assertion arrives in front of the Plaintiff’s home due to his substitute driving after drinking, the substitute driver parkeded, but the parking location was located to interfere with the entrance of other vehicles, and the parking location was changed only for the smooth access of other vehicles, the driving distance is about 2 meters, and the Plaintiff’s driver of the Egypt Center suffers enormous impediment to his livelihood when the driver’s license is revoked, the instant disposition is excessively harsh to the Plaintiff, and is unlawful, going beyond and abusing the scope of discretionary power.

B. (1) Determination is based on the fact that even if the revocation of a driver's license on the ground of drinking driving is an administrative agency's discretionary action, today's motor vehicle is a mass means of transportation, and accordingly, a large amount of motor vehicle driver's license is issued, and the trend and result of the increase of traffic accidents caused by drinking driving are frequently involved, the need for public interest to prevent traffic accidents caused by drinking driving is very great. Therefore, drinking driving is carried out.

arrow