(영문) 수원지방법원 2018.02.07 2017구단2763

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(영문) 수원지방법원 2018.02.07 2017구단2763

자동차운전면허취소처분취소

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1. The plaintiff's claim is dismissed.

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

Reasons

1. On June 24, 2017, the Defendant issued the instant disposition that the Plaintiff revoked the Plaintiff’s Class 1 ordinary car driver’s license (license number: C) as of August 30, 2017 by applying Article 93(1)1 of the Road Traffic Act, on the ground that the Plaintiff driven B rocketing and other automobiles on the roads front of the 520 YY as he/she is under the influence of alcohol 0.219% (the result of blood collection appraisal) in the influence of alcohol around 03:0 on June 24, 2017.

[Ground of recognition] No dispute, Gap 1, Eul 4 through 9, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion completed the contact with the customer and took the employees of the company and the drinking alcohol, and the drinking alcohol driving was controlled.

Considering the fact that the Plaintiff’s acquisition of a driver’s license had no record of driving or traffic accident except for approximately 17 years ago, and that there was no personal injury to others due to drinking driving, and that the Plaintiff is currently engaged in a business position and needs to drive for local business travel, etc., the Plaintiff’s spouse, two children, 91 years of age and parents should support the Plaintiff’s child, etc., the instant disposition is too harsh to the effect that the Plaintiff abused and abused discretion.

B. Even if the revocation of a driver's license on the ground of drinking driving is an administrative agency's discretionary act, in light of today's mass means of transportation, and the situation where a driver's license is issued in large quantities, the increase of traffic accidents caused by drinking driving, and the seriousness of the result, etc., the need for public interest to prevent traffic accidents caused by drinking driving should be emphasized, and the revocation of a driver's license on the ground of drinking driving on the ground of drinking driving should be emphasized more than the disadvantage of the parties that would be suffered from the revocation, unlike the revocation of the ordinary beneficial administrative act.

참조조문

-도로교통법 제93조 제1항 제1호

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