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(영문) 대전지방법원 2016.05.26 2016구단100166
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 July 31, 2015, at around 23:40, the Plaintiff: (a) driven a B passenger car under the influence of alcohol level of 0.160% in front of the paper-based factory located in the Seongbuk-gu Seongbuk-gu Seongbuk-gu, Seongbuk-gu, Seongbuk-gu, Seongbuk-gu; (b) caused an accident where the Plaintiff driven another vehicle under the influence of alcohol level of 0.160% in front of the Defendant’s factory.

B. On September 2, 2015, the Defendant asserted that the Plaintiff’s driver’s license was revoked due to the violation of Article 93(1)1 of the Road Traffic Act (Article 93(1) of the Road Traffic Act) on September 2, 2015, but the Plaintiff was subject to the instant disposition solely on the blood alcohol level of at least 0.1%.

The Plaintiff’s revocation of the Plaintiff’s driver’s license (class 1 common) (hereinafter “instant disposition”).

C. The Plaintiff filed an administrative appeal against the instant disposition, but was dismissed on December 1, 2015.

[Ground of Recognition] Facts without dispute, Gap evidence 1, 13 evidence, Eul evidence 1 to 17 (including paper numbers), the purport of the whole pleadings

2. The revocation of a driver's license is excessive solely on the ground that the Plaintiff's blood alcohol concentration of the Plaintiff's assertion is low and the period of two other two cases where a drunk driving is conducted is vacant for 10 years, and thus, the revocation of the driver's license is excessive. The Plaintiff has contributed to social welfare facilities and exercised free school meals. The degree of damage to the victim is limited to 2 weeks, and the victim expressed his intention of no penalty, and the Plaintiff must get to commute to and from work by vehicle and support unmarried mothers. The instant disposition is unlawful as it deviates from and abused discretionary authority.

3. Whether the instant disposition is lawful

A. Whether the relevant legal disposition deviates from or abused the scope of discretion by social norms, the content of the offense, which is the reason for the disposition, the public interest to be achieved by the pertinent disposition, and all the circumstances pertaining thereto, etc. are objective.

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