(영문) 인천지방법원 2015.06.30 2015구단469

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 인천지방법원 2015.06.30 2015구단469

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 May 9, 2014, the Plaintiff: (a) as a result of a traffic accident with one ordinary person in violation of the duty of safe driving on January 22, 2015; (b) as a result of the Plaintiff’s violation of the duty of safe driving on January 22, 2015; (c) around February 23, 2015, at around 0.083% of the blood alcohol concentration on the road of the dongyang-dong, Gyeyang-gu, Incheon, Incheon, while under the influence of 0.083% of the blood alcohol concentration on the road of the dong-dong-dong dong-dong, and (c) with its penalty points of 100 points, with its penalty points of 125

B. On March 5, 2015, the Defendant issued the instant disposition to revoke the Plaintiff’s driver’s license (Class I driver’s license and Class I driver’s license) on March 29, 2015, by applying Article 93(2) of the Road Traffic Act, on the ground that the Plaintiff’s accumulated points for one year are at least 121 points, which are the criteria for cancellation of accumulated points for one year, with the Plaintiff’s accumulated points for one year as 125 points.

[Ground of recognition] Facts without dispute, Gap 1, 2, Eul 1 to 8, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. In light of the fact that the Plaintiff’s assertion did not cause a traffic accident, the Plaintiff supported his family by driving dump trucks, and thus the driver’s license is essential, and the Plaintiff’s mistake is pened in depth, etc., the instant disposition was unlawful as it was against the Plaintiff’s disadvantage rather than the public interest to be achieved as a result of the instant disposition.

B. In light of the following circumstances acknowledged by the aforementioned evidence and the purport of the entire pleadings, even if the Plaintiff considered various circumstances, the need for public interest to be achieved through the instant disposition cannot be deemed to be less than the disadvantages the Plaintiff would incur, and thus, it cannot be deemed that there was an error of deviation from or abuse of discretion in the instant disposition.

Today, the number of car driving licenses is rapidly increasing and the traffic conditions are complicated.

참조조문

-도로교통법 제93조 제2항

유사 판례

-수원지방법원 2015.05.06 2015구단473

-의정부지방법원 2018.05.08 2018구합10779

-수원지방법원 2015.05.20 2015구단30689

-수원지방법원 2015.04.15 2014구단31982

-인천지방법원 2015.10.13 2015구단551