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(영문) 수원지방법원 2015.05.01 2015구단305
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 November 19, 198, the Plaintiff acquired a Class 1 driver’s license for a large vehicle (B), and driven the vehicle. On December 22, 2014, at around 0.151% of the blood alcohol level, the Plaintiff driven the C rocketing and other car volume of the Plaintiff’s possession from the direction of the Nowon-gu in the mid-gu in the U.S. drive approximately 200 meters from the same direction to the front road of the same Gu.

B. Accordingly, on January 7, 2015, the Defendant issued the instant disposition revoking the Plaintiff’s driver’s license pursuant to Articles 93(1)1 and 44(2) of the Road Traffic Act and Article 91(1) [Attachment 28] of the Enforcement Rule of the Road Traffic Act on the ground that the Plaintiff was driving under the influence of alcohol.

C. On January 26, 2015, the Plaintiff filed an administrative appeal with the Central Administrative Appeals Commission on the instant disposition, but was dismissed on March 10, 2015.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, Eul evidence 4 and 13

2. Whether the disposition is lawful;

A. Considering that the distance of the Plaintiff’s assertion is only 50 meters, and that from June 2005, the Plaintiff is engaged in the self-employed taxi transport business from around June 2005 to the present day, if the Plaintiff’s driver’s license is revoked, the Plaintiff’s license for the self-employed taxi transport business is revoked, and the Plaintiff’s family’s livelihood is threatened due to his wife’s disease, etc., the Defendant’s disposition of this case constitutes an unlawful case where

B. On the other hand, since the rapid increase of motor vehicles today and the number of driver's licenses are issued in large volume, the need to strictly observe traffic regulations is increasing as traffic conditions are congested on the day, and in particular, traffic accidents caused by drunk driving are frequently frequent and the results are harsh, so it is very important for public interest to prevent traffic accidents caused by drunk driving. Therefore, the revocation of driver's licenses on the grounds of drunk driving is different from the revocation of ordinary beneficial administrative acts.

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