(영문) 대전지방법원 2019.01.31 2018구단101071

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(영문) 대전지방법원 2019.01.31 2018구단101071

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 June 22, 2018, at around 22:40, the Plaintiff driven B vehicles while under the influence of alcohol with a blood alcohol concentration of 0.082% at the front of the three-distance Roon-ro of Pyeongtaek-si 258.

B. On June 29, 2018, the Defendant rendered the instant disposition revoking the Plaintiff’s driver’s license (class 1, class 2, and class 2) on the ground of drunk driving at least three occasions.

C. The Plaintiff filed an administrative appeal against the instant disposition, but the said claim was dismissed on August 21, 2018.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 16, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion that the plaintiff's driver's license is absolutely necessary for the job performance and the maintenance of livelihood as a member of the company, and although the plaintiff was found to have been aware of two times before, the detection of the last drinking driving has been in compliance with laws and regulations for 15 years thereafter in 2003, the disposition of this case is excessively harsh to the plaintiff, and thus, is in violation of the abuse of discretion and the principle of proportionality.

B. The Plaintiff had a record of driving under the influence of alcohol (0.147% of blood alcohol level) on December 7, 2002, and driving under the influence of alcohol (0.124% of blood alcohol level) on March 14, 2003, and re-driving under the influence of alcohol.

Article 44 (1) and 93 (1) 2 of the Road Traffic Act, and Article 44 (1) and Article 93 (1) 2 of the Road Traffic Act shall be prohibited from driving a motor vehicle while under the influence of alcohol, and the Commissioner of a Local Police Agency shall revoke the driver's license if the person who has obtained the driver's license violates the latter part of Article 44 (1) or (2) of the Road Traffic Act not less than twice and if the person falls under the grounds for suspension of the driver's license again, in violation of paragraph (1) of the same Article, administrative

Therefore, the Plaintiff’s assertion that the instant disposition is discretionary is reasonable.

참조조문

-도로교통법 제44조 제1항

-도로교통법 제93조 제1항 제2호

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