(영문) 수원지방법원 2019.05.15 2019구단778

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Reasons

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글꼴

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자간(%)

(영문) 수원지방법원 2019.05.15 2019구단778

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 February 8, 2007, the Plaintiff acquired a Class 1 ordinary driver’s license (B) and on October 4, 2018, received a disposition of suspension of driving 100 days (from October 15, 2018 to January 22, 2019) of a driver’s license on a drinking (0.071% of blood alcohol level) (hereinafter “instant driving”). However, around November 10, 2018, the Plaintiff issued a disposition of suspension of driving 10 days (from January 15, 2018 to January 25, 2019), around 2 km (hereinafter “instant driving”).

B. On December 6, 2018, the Defendant rendered a disposition to the Plaintiff to revoke the Plaintiff’s driver’s license by applying Article 93(1)19 of the Road Traffic Act on the ground of driving during the suspension period of the driver’s license as stated in the preceding paragraph (hereinafter “instant disposition”).

C. The Plaintiff appealed and filed an administrative appeal with the Central Administrative Appeals Commission, but was dismissed on January 22, 2019.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 5, Eul evidence 1 to 11, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion that the plaintiff did not cause a traffic accident through the driving of this case, and the plaintiff is obliged to transport the core work and holiday work as a member of the company, so it is essential to drive the vehicle in this case. When the suspension period of the driver's license expires by neglecting the vehicle for a long time, there is a reason to take into account the process of driving of this case in an urgent manner in the situation where the driver's license should be maintained to promptly drive the vehicle. The plaintiff actively cooperate and reflects with the investigation agency about the driving of this case, the plaintiff actively cooperates with and reflects with the investigation agency about the driving of this case, the plaintiff should have a parent thickness economic help, and the plaintiff suffers from economic difficulties due to living expenses and household debts, etc.

B. Whether the first punitive administrative disposition deviates from or abused the scope of discretion by social norms.

참조조문

-도로교통법 제93조 제1항 제19호

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