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(영문) 대구고등법원 2018.06.22 2018누2705
자동차운전면허취소처분취소
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the court’s explanation concerning this case is as stated in the reasoning of the judgment of the first instance, except for the addition of the judgment of the first instance as follows, and thus, it shall be cited as it is in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

2. The Plaintiff asserts that the disposition of this case was an abuse of discretion, in light of the following circumstances: (a) the Plaintiff’s taking-off of alcohol exceeds 0.1%; and (b) the disposition of this case makes it difficult to maintain the livelihood of the Plaintiff or his family; and (c) the disposition of this case is an abuse of discretion.

However, in light of the following: (a) the Plaintiff’s breath alcohol measurement method constitutes the criteria for revocation of license; (b) the Plaintiff caused a traffic accident due to a drunk driving, not a mere drunk driving; (c) today’s traffic situation is congested today; and (d) the need to strictly observe traffic regulations is growing; and in particular, the traffic accident due to a drunk driving is frequent and the result is harsh; and (c) there is a high need for public interest to prevent traffic accidents due to a drunk driving, even if considering the various circumstances alleged by the Plaintiff, it is insufficient to recognize that the instant disposition was an abuse of discretionary power due to the Plaintiff’s excessive suspicion.

Therefore, we cannot accept the plaintiff's above argument.

3. Conclusion, the plaintiff's claim of this case is dismissed as it is without merit.

The judgment of the court of first instance is just in its conclusion, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition by the assent of all participating Justices.

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