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(영문) 수원지방법원 2014.12.24 2014구단31951
자동차운전면허취소처분취소
Text

1. The revocation of the driver’s license issued by the Defendant on August 18, 2014 to the Plaintiff on August 11, 2014 is revoked.

2...

Reasons

1. Details of the disposition;

A. On April 7, 2009, the Plaintiff acquired Class 1 ordinary car driving license (license number B).

B. On July 8, 2014, at around 22:17, the Plaintiff driven C Poter Cargo (hereinafter “instant vehicle”) with a level of about 5m alcohol level of about 0.131% in the direction of approximately 0.131% from the direction of the direction of the 53-17-10-way East-si, Bupyeong-si, Busan to the direction of the same 5m prior to the same 5-10-way. The Plaintiff was exposed to the police.

C. On August 11, 2014, the Defendant rendered a disposition to revoke the Plaintiff’s above driver’s license (hereinafter “instant disposition”) on August 18, 2014 pursuant to Article 93(1)1 of the Road Traffic Act against the Plaintiff.

On August 21, 2014, the Plaintiff filed an administrative appeal with the Central Administrative Appeals Commission on the instant disposition, but received a dismissal ruling on September 23, 2014.

[Reasons for Recognition] Facts without dispute between the parties, Gap evidence Nos. 1, Eul evidence Nos. 1, 4 through 16, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. Considering that the Plaintiff’s assertion is the Plaintiff’s own body, and that the Plaintiff is under navigation cancer surgery on August 2014, and that the Plaintiff’s livelihood is maintaining her livelihood while driving on the street along the instant vehicle with the instant vehicle, the instant disposition is excessively harsh to the Plaintiff, and is unlawful by abusing the scope of discretion.

B. (1) Determination is based on the fact that the revocation of a driver's license on the ground of a drunk driving is an administrative agency's discretionary act, and today's motor vehicle is a mass means of transportation and accordingly, the increase in traffic accidents caused by a drunk driving and its result are frequently involved, etc. Therefore, the necessity for public interest to prevent traffic accidents caused by a drunk driving is very large. Therefore, the revocation of a driver's license on the ground of a drunk driving is caused by the revocation of the ordinary beneficial administrative act.

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