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(영문) 수원지방법원 2017.02.10 2016구단2759
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 October 30, 200, the Plaintiff acquired a Class 2 ordinary car driver’s license (B), and driven a Class 2 car. On June 15, 2016, around 23:26, the Plaintiff driven C rocketing car volume up to 2 km a way to the front of the 5-luminous Police Station in Geumcheon-gu Seoul, Geumcheon-gu, Seoul, to the front of the 5-luminous Police Station, with a alcohol level of 0.113% under the influence of alcohol.

B. Accordingly, on July 8, 2016, the Defendant rendered the instant disposition revoking the Plaintiff’s above driver’s license pursuant to Article 93(1)1 of the Road Traffic Act on the ground that the Plaintiff was driving under influence of alcohol as above.

C. The Plaintiff filed an administrative appeal on July 27, 2016, but was dismissed on September 30, 2016.

[Ground of recognition] Unsatisfy, Gap evidence 1

2. Whether the disposition is lawful;

A. The Plaintiff’s blood alcohol concentration is relatively minor and driving distance is about 2 km, and the driver’s license was left by proxy, but the vehicle was delayed and delayed, and the Plaintiff did not cause a traffic accident due to drinking driving. The Plaintiff was a model driver due to an accident for 17 years. If the driver’s license is revoked when a driver’s license is revoked as a member in charge of convenience store store store store, the Plaintiff’s retirement is difficult to lead to the Plaintiff and his family’s livelihood. The Plaintiff’s disposition of this case constitutes a case where the Plaintiff deviates from or abused discretion due to excessive suspicion to the Plaintiff.

B. On the one hand, as the number of vehicles rapidly increase 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.

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