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(영문) 부산지방법원 2020.02.19 2019구단2415
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 10, 2019, around 22:14, the Plaintiff driven a C low-priced vehicle while under the influence of alcohol concentration of 0.032% on the front of Busan Dong-gu B apartment.

(hereinafter referred to as “dacting driving of this case”). B.

On February 16, 2006, the plaintiff was found to have been driving at 0.062% of blood alcohol concentration around 00:10.

C. On July 22, 2019, the Defendant rendered a disposition to revoke the first and second ordinary driver’s license pursuant to Article 93(1)2 of the Road Traffic Act (hereinafter “instant disposition”) on the ground that the Plaintiff constitutes the second or second driver’s license due to the instant drunk driving.

On September 25, 2019, the Plaintiff filed an administrative appeal seeking revocation of the instant disposition with the Central Administrative Appeals Commission, but the said claim was dismissed on November 5, 2019.

[Ground of recognition] Facts without dispute, Gap's 1, 2, 6 evidence, Eul's 1 to 4 (including a number)

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that the Plaintiff was not connected to the representative engineer, and was driving the instant drinking alcohol.

The plaintiff is engaged in the work of UN and agency engineers, and it is also necessary to drive a long-distance driving.

The plaintiff is paying back the inherited debt.

Therefore, when the disposition of this case is maintained, it is difficult for the plaintiff to maintain his livelihood.

Considering these circumstances, given that the Plaintiff’s private interest infringed on the public interest that would be achieved by the instant disposition is considerably large, the instant disposition was deviates from and abused discretion.

(b) as shown in the attached Form of the relevant statutes.

C. According to the proviso of Article 93(1) and Article 93(2) of the Road Traffic Act, and Article 2 of the Addenda of the Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018), when a person who drives under the influence of alcohol once again drives under the influence of alcohol after June 30, 201 falls under the grounds for the suspension of the driver’s license, the driver’s license shall be granted to the commissioner

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