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(영문) 부산지방법원 2020.11.25 2020구단1906
자동차운전면허취소처분취소
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Details of the disposition;

A. On June 9, 2020, at around 21:58, the Plaintiff driven a D two-wheeled vehicle under the influence of alcohol concentration of 0.095% at the front of the CB in the CB in the Suwon-gu, Busan.

B. On June 19, 2020, the Defendant issued a disposition to revoke the driver’s license of Class 1 large, Class 1 ordinary, Class 2 ordinary, Class 2 small, Class 2 small, Class 2 bicycle under Article 93(1)1 of the Road Traffic Act against the Plaintiff (hereinafter “instant disposition”).

C. On June 29, 2020, the Plaintiff filed an administrative appeal with the Central Administrative Appeals Commission on the instant disposition, but the said claim was dismissed on July 24, 2020.

[Reasons for Recognition] Unsatisfy, Entry of Evidence Nos. 1-1, 1-2, and 3-3, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. In light of the following: (a) since the Plaintiff’s assertion obtained a driver’s license in around 2002, the Plaintiff’s acquisition of the driver’s license without any personal history such as traffic accidents, drinking driving, and the imposition of penalty points, the Plaintiff’s safe driving has been maintained; (b) around 200 meters moved from the drinking condition; (c) the Plaintiff used the driver’s license in usual; (d) the Plaintiff is in need of a driver’s license; (e) the cancellation of the driver’s license is difficult to maintain livelihood and support his family; and (e) the Defendant is seriously against the drinking driving. The instant disposition is unlawful by abusing discretion

B. In light of the fact that a motor vehicle is a mass means of transportation and accordingly, the need to strictly observe traffic regulations is greater as the traffic situation is congested as the motor vehicle driver's license is issued in large quantities, and the traffic accidents caused by drunk driving are frequent and the result thereof is harsh, so it is necessary to strictly regulate drinking driving in order to protect the majority of the public and pedestrians.

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