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(영문) 부산고등법원(창원) 2015.09.16 2015누10462
자동차운전면허취소처분취소
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The grounds for the court’s explanation concerning the instant case are as follows, except where the following is added to the relevant part of the judgment of the first instance.

Therefore, it is accepted in accordance with Article 8 (2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

[Additional Part] The Plaintiff asserts to the effect that it is unreasonable for the Defendant to take the instant disposition without taking a mitigation measure, as it does not fall under the grounds for exclusion from the disposition of revocation of driver's license, such as not exceeding 0.12% of blood alcohol concentration at the time of driving under the instant case.

On the other hand, the criteria for the disposition of revocation of a driver's license under Article 91 (1) [Attachment Table 28] of the Enforcement Rule of the Road Traffic Act are merely setting the internal business rules of the administrative agency concerning the disposition of revocation of a driver's license in light of the nature and content of the provision, and there is no externally binding effect on the court or the general public. Thus, the revocation of a driver's license does not necessarily have to be revoked on the ground that it falls under the requirements for revocation of a driver's license in accordance with the standards of the Enforcement Rule. In light of the provision and purport of the Road Traffic Act and the overall circumstances of the relevant case, it shall be determined within the scope of discretion whether the revocation of a driver's license is legitimate by comparing and comparing

(see, e.g., Supreme Court Decision 97Nu20236, Mar. 27, 1998). Accordingly, in a case where a person who is an important means for maintaining his family’s livelihood and whose blood alcohol concentration exceeds 0.12%, was revoked due to a drunk driving without any reason, such as the blood alcohol concentration level exceeds 0.12%, it shall be within 60 days from the date of the administrative disposition.

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