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(영문) 서울행정법원 2021.01.20 2020구단20029
자동차운전면허취소처분취소
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

Details of the disposition

Around 09:30 on August 16, 2020, the Plaintiff driven BM5 vehicle volume while under the influence of 0.110% of alcohol in blood on the front side of the Doncheon Highway (hereinafter “instant drinking”). On September 11, 2020, the Defendant issued a disposition to revoke the Plaintiff’s driver’s license (class 1 ordinary) on the ground of the instant drinking driving (hereinafter “instant disposition”). On September 25, 2020, the Plaintiff dissatisfied with the instant disposition and filed an administrative adjudication with the Central Administrative Adjudication Committee on September 25, 2020, but was dismissed on November 6, 2020.

[Grounds for recognition] In light of the facts without dispute, Gap evidence Nos. 1 through 4, 7, Eul evidence Nos. 1 through 7, and Eul evidence Nos. 1 through 7, and the purport of the entire argument as to the legitimacy of the disposition of this case, the plaintiff's traffic accident did not occur due to the plaintiff's assertion as to the legitimacy of the disposition of this case, the distance of driving of this case is limited to 5 km, the plaintiff's driver's license as Poke engineer, which is an important means for the plaintiff to maintain his family's livelihood, and the plaintiff faces economic difficulties with the disposition of this case, the disposition of this case is unlawful as it deviates from

Judgment

Today, in light of the fact that a rapid increase in automobiles and a large number of driver's licenses are issued, the need to strictly observe the traffic laws and regulations is growing, and the traffic accidents caused by the driving of a motor vehicle are frequently frequently and there are many cases where the results are harsh, so it is necessary to strictly regulate the driving of a motor vehicle, it is more necessary to realize public interest rather than to suffer any disadvantage that a driver who does not cause a traffic accident due to the cancellation of a driver's license (see Supreme Court Decision 96Nu10812, Oct. 11, 1996). The following facts and circumstances that can be acknowledged by comprehensively taking into account the purport of the entire arguments as seen earlier.

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