logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2015.12.11 2015구단2523
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 September 29, 1981, the Plaintiff acquired a Class 1 driver’s license for ordinary vehicles (B), and was driven by the Plaintiff. On July 23, 2015, the Plaintiff, while under the influence of alcohol of 0.117% of blood alcohol level on July 23, 2015, driven the Plaintiff’s rocketing car at the front side of the same lane, resulting in a physical damage to the Plaintiff, while driving the Plaintiff’s rocketing car at the front side of the same lane, and driving the vehicle in the front side of the same lane.

B. Accordingly, on August 7, 2015, the Defendant issued the instant disposition revoking the Plaintiff’s driver’s license pursuant to Article 93(1)1 of the Road Traffic Act on the ground that the Plaintiff was involved in a traffic accident while driving under influence of alcohol as above.

C. The Plaintiff filed an administrative appeal on September 8, 2015, but was dismissed on October 28, 2015.

[Reasons for Recognition] Unsatisfy, entry Nos. 4 and 14

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion is likely to have made a higher level of drinking water by taking a drinking-water measurement without spiting the Plaintiff’s spite in his place at the time. The Plaintiff demanded the Defendant to re-measurement once again, but the Defendant failed to do so. The Plaintiff violated traffic regulations or has no record of drinking driving after obtaining a driver’s license, and the Plaintiff has been an exemplary life while serving in the local community for several hundred and twenty years; the Plaintiff is an essential driver’s license while driving in the landscaping company and the Plaintiff’s family’s livelihood is difficult when the driver’s license is revoked, and thus, the instant disposition constitutes a case where the Plaintiff deviates or abused its discretionary power due to excessively harsh to the Plaintiff.

B. The need to strictly observe traffic regulations is increasing due to the rapid increase of motor vehicles today, the large number of driver's licenses are issued, resulting in traffic congestion. In particular, traffic accidents caused by drunk driving are frequent.

arrow