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(영문) 수원지방법원 2016.05.27 2015구단3496
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 2, 1983, the Plaintiff acquired Class 1 ordinary vehicles and Class 1 large automobile driver’s license (B) on June 27, 1986.

On June 4, 2015, at around 23:30, the Plaintiff was under the influence of alcohol with a blood alcohol level of 0.115% 0.15%, and was under the influence of alcohol, and was under the influence of alcohol, and was under the influence of alcohol.

B. Accordingly, on June 15, 2015, the Defendant rendered the instant disposition revoking the Plaintiff’s above driver’s license pursuant to Article 93(1)1 of the Road Traffic Act on the ground that the Plaintiff was driving under influence of alcohol as above.

C. The Plaintiff filed an administrative appeal on July 9, 2015, but was dismissed on September 15, 2015.

[Reasons for Recognition] Evidence No. 1, Evidence No. 4, and the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiff’s blood alcohol level is merely 0.115%; the Plaintiff first controlled the Plaintiff’s blood alcohol level after acquiring the Plaintiff’s driver’s license and did not cause any accident during driving at the time of the instant control; and the Plaintiff’s instant disposition constitutes a case where the Plaintiff’s and his family members’ livelihood is difficult and sales of the pedal cargo is impossible if the Plaintiff’s operation of a pedal vehicle is essential and the driver’s license is revoked, and the instant disposition constitutes a case where the Plaintiff’s discretionary power is excessively harsh and abused.

B. On the other hand, since the rapid increase of motor vehicles today and the number of driver's licenses are issued in large volume, the need to strictly observe traffic regulations is increasing as traffic conditions are congested on the day, and in particular, traffic accidents caused by drinking driving are frequently frequent and the results are harsh, so it is very important for public interest to prevent traffic accidents caused by drinking driving. Therefore, the revocation of driver's licenses on the grounds of drinking driving on the grounds of the revocation of the ordinary beneficial administrative act will be borne by the party, unlike the cancellation of such revocation.

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