logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울행정법원 2015.03.20 2014구단17190
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 July 6, 2014, at around 00:05, the Plaintiff driven a C-car on the front side of the Nowon-gu Seoul Special Metropolitan City, Nowon-gu, and the police officer dispatched to the site upon a witness’s report at around 00:10 on the same day measured the Plaintiff’s blood alcohol level with 0.125% since the Plaintiff’s blood alcohol level was measured as 0.125%.

B. On July 25, 2014, the Defendant issued a disposition to the Plaintiff to revoke the Plaintiff’s first-class driver’s license (license number: D) from August 16, 2014 pursuant to Article 93(1)1 of the Road Traffic Act on the ground of the foregoing drunk driving.

(hereinafter “instant disposition”). C.

Accordingly, the plaintiff filed an administrative appeal on September 15, 2014, but the Central Administrative Appeals Commission dismissed the appeal on October 8, 2014.

[Based on Recognition] Each entry of Gap evidence 2, 4, Eul evidence 2, 6, 11 (including each number)

2. Whether the disposition is lawful;

A. The plaintiff asserted that the plaintiff's assertion is that the plaintiff's substitute driver's license is essential to maintain the direction of the vehicle in order to secure a space for the passage of the matob, which is to pass the above road, considering various circumstances such as the plaintiff's operation of the vehicle in the workplace, the plaintiff's operation of a short distance to change the direction of the vehicle, the driver's license is essential to maintain the workplace because the driver's license is revoked, and the driver's license is lost his occupation when the driver's license is revoked, and the family's livelihood is prevented. Thus, the disposition of this case is unlawful because it excessively deviates from the scope of discretion.

B. (1) The basis for judgment is for driving under drinking.

arrow