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(영문) 대구지방법원 2016.01.08 2015구단11344
자동차운전면허취소처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On July 7, 2015, the Defendant rendered the instant disposition revoking the Plaintiff’s driver’s license (Class 1 common) as of August 9, 2015 on the ground that the Plaintiff driven D rocketing car under the influence of alcohol concentration of 0.218% on the front of C, located in the Gyeong-gun, Chungcheongnam-gun, Chungcheongnam-gun, Gyeong-do on June 17, 2015, on the ground that: (a) the Plaintiff driven the Plaintiff’s vehicle under the influence of alcohol concentration of 0.218%.

【Ground of recognition】 The fact that there has been no dispute, Gap evidence 1, Eul evidence 1 and 2 (including virtual number), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff asserted that the plaintiff supports his/her family difficult to drive his/her private taxi. In light of the fact that the driver's license is revoked, it is no longer possible to operate his/her private taxi business with heavy property loss and thus his/her family's livelihood, there is no record of regulating his/her drinking for about 14 years prior to his/her drinking driving, and the distance of his/her drinking driving at the time of his/her control is only 150 meters, the defendant's disposition of this case is against the discretionary authority since the defendant's disposition of this case is excessive disadvantage that the plaintiff suffers compared to the needs of the public interest, and thus, it is unlawful.

B. The need to strictly observe traffic regulations according to the reduction of traffic conditions is increasing as the number of vehicles rapidly increase today and the number of driver's licenses are issued in large volume. In particular, traffic accidents caused by drunk driving are frequently frequently and the results are harsh, so it is very important for public interest to prevent traffic accidents caused by drunk driving. Therefore, in the revocation of driver's licenses on the grounds of drunk driving, unlike the cancellation of ordinary beneficial administrative acts, the general preventive aspect should be emphasized more than the disadvantage of the party who will suffer from the revocation of the license, and it should be emphasized more than the disadvantage of the party who will suffer from the revocation of the license.

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