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(영문) 대구지방법원 2018.02.09 2017구단2139
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 27, 2017, at around 23:00, the Plaintiff driven B cargo vehicle under the influence of alcohol in front of the office of a volunteer fire brigade in the front of the office of the U.S. fire brigade located in the area of U.S., and on the same day at around 23:08, the Plaintiff was measured with blood alcohol content of 0.148%.

B. On June 22, 2017, the Defendant issued a disposition to revoke the Plaintiff’s driver’s license (Class I large, Class I common) as of July 19, 2017 (hereinafter “instant disposition”) on the ground that the Plaintiff driven a motor vehicle as above.

C. The Plaintiff filed an administrative appeal against the instant disposition, but was dismissed by the Central Administrative Appeals Commission on October 11, 2017.

[Ground of recognition] Facts without dispute, Gap evidence 1, 13 evidence, Eul evidence 1 to 6 (including each number, hereinafter the same), the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion did not cause a traffic accident in the instant case, and the Plaintiff’s driver’s license is essential to drive a motor vehicle in the Plaintiff’s occupation, and the revocation of the driver’s license is difficult to support his/her family. Considering the disadvantages that the Plaintiff suffered due to the instant disposition and the aforementioned circumstances, the instant disposition is unlawful as it deviates from

B. 1) In full view of the following circumstances acknowledged by comprehensively taking into account the purport of the entire evidence presented in the first instance, the public interest is more likely to be achieved than the disadvantage that the Plaintiff would suffer, even if considering the degree of disadvantage suffered by the Plaintiff and other various circumstances asserted by the Plaintiff, to the extent that the instant disposition was taken into account. ① Article 91(1) [Attachment 28] of the Enforcement Rule of the Road Traffic Act

2. The individual criteria for revocation stipulate that driver's license shall be revoked when a person drives a vehicle in a drunken condition (not less than 0.1 percent of blood alcohol concentration). The instant disposition conforms to the above criteria.

(2)

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