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(영문) 대구지방법원 2020.05.15 2019구단2560
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 July 15, 2019, at around 22:17, the Plaintiff driven a Calren vehicle under the influence of alcohol concentration of 0.130% on the front side of Ulsan-gun B (hereinafter “instant drinking”).

B. On August 5, 2019, the Defendant rendered a decision to revoke the Plaintiff’s driver’s license (Class 1 large, Class 1 common) as of September 5, 2019 pursuant to Article 93(1)1 of the Road Traffic Act against the Plaintiff on the ground of the instant drunk driving.

(hereinafter referred to as “instant disposition”). C.

The Plaintiff appealed against the instant disposition and filed an administrative appeal, but the Central Administrative Appeals Commission rendered a ruling dismissing the Plaintiff’s claim on October 29, 2019.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3, Eul evidence 1 to 6 (including provisional number), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. In full view of the following facts: (a) the Plaintiff’s assertion did not cause personal and material damage to others due to the pertinent drinking operation; (b) driving at a short distance only; (c) actively cooperates in the process of investigating drinking driving; (d) the Plaintiff’s driver’s license is absolutely absolutely necessary due to the characteristics of the Plaintiff’s duties that drive a ship brand; and (e) the Plaintiff’s family members to support the Plaintiff and the Plaintiff suffered economic difficulties; and (b) the Plaintiff’s disadvantage is considerably excessive compared to the public interest protected by the instant disposition; and (c) the instant disposition is unlawful by abusing and abusing discretion.

B. The revocation of a driver's license when a person who has obtained one driver's license is driving under the influence of alcohol is the discretionary act of an administrative agency. However, in light of the increase of traffic accidents caused by driving under the influence of alcohol, the necessity of public interest to prevent traffic accidents caused by driving under the influence of alcohol should be more serious. The revocation of the driver's license differs from the revocation of the general beneficial administrative act.

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