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(영문) 대구지방법원 2020.05.29 2019구단2713
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 August 17, 2019, at around 01:35, the Plaintiff driven C Eccoo vehicle under the influence of alcohol concentration of 0.172% on the front of the Daegu Dong-gu B apartment (hereinafter “instant drinking”).

B. On August 30, 2019, the Defendant rendered a decision to revoke the Plaintiff’s driver’s license (class 1 large, class 1 common) as of September 30, 2019 pursuant to Article 93(1)1 of the Road Traffic Act against the Plaintiff on the ground of the instant drunk driving.

(hereinafter referred to as “instant disposition”). C.

The Plaintiff appealed against the instant disposition and filed an administrative appeal, but the Central Administrative Appeals Commission rendered a ruling dismissing the Plaintiff’s claim on November 12, 2019.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2, 3, Eul evidence 1 to 7 (including provisional number), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. In full view of the following facts: (a) the Plaintiff’s assertion that there was no damage caused by the instant drunk driving; (b) the Plaintiff used a usual driving; (c) the Plaintiff actively cooperated in the process of investigating the drunk driving; (d) the Plaintiff, who is a bus driver, absolutely requires a driver’s license for the purpose of maintaining his/her livelihood; and (e) the Plaintiff is a family member to support the Plaintiff; and (e) the Plaintiff is economically difficult, the instant disposition is remarkably excessive to the disadvantage of the Plaintiff infringed compared to

B. The revocation of a driver's license when a person who has obtained one driver's license is driving under the influence of alcohol is an administrative agency's discretionary act. However, in light of the increase of traffic accidents caused by driving under the influence of alcohol and the suspicion of its result, the necessity of public interest to prevent traffic accidents caused by driving under the influence of alcohol should be more serious. The revocation of a driver's license is rather than the disadvantage of the party who will suffer from the revocation, unlike the cancellation of the general beneficial administrative act.

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