(영문) 수원지방법원 2015.06.24 2015구단31026

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(영문) 수원지방법원 2015.06.24 2015구단31026

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 January 31, 2015, at around 04:40, the Plaintiff: (a) driven a B Poter freight vehicle at the front of the B B-beon road at the center of the B-beon drive while under the influence of alcohol at a level of 0.081% alcohol level; (b) on January 31, 2015, the Plaintiff was driving.

B. On March 2, 2015, the Defendant: (a) applied Article 93(1)1 of the Road Traffic Act to the Plaintiff on the ground of the foregoing drunk driving; and (b) revoked the Plaintiff’s first-class ordinary driver’s license (license number: C) on March 20, 2015.

[Ground of recognition] Evidence No. 4, Evidence No. 1 to No. 15, and the purport of the whole pleading

2. Whether the instant disposition is lawful

A. In light of various circumstances such as the Plaintiff’s assertion D’s trade name that requires the Plaintiff’s driver’s license for livelihood with the relation of running the cargo transport business, traffic accidents are minor drilling accidents that occurred during the attendance at work, the victims and the Plaintiff’s employees are placed in the workplace when the Plaintiff’s driver’s license is revoked, and thus, the Defendant’s disposition of this case is unlawful as it deviates from and abused the Plaintiff’s discretion.

B. Even if the revocation of the driver's license on the ground of drinking driving is an administrative agency's discretionary action, in light of today's mass means of transportation and the situation where the driver's license is issued in large quantities, the increase of traffic accidents caused by drinking driving, and the suspicion of its result, etc., the need for public interest should be emphasized to prevent traffic accidents caused by drinking driving, and when the driver's license is revoked on the ground of drinking driving on the ground of the revocation of the driver's license on the ground of drinking driving on the ground of the revocation of the ordinary beneficial administrative action, the general preventive aspect should be emphasized more than the disadvantage of the party

(See Supreme Court Decision 98Du1048 Decided March 27, 1998, and Supreme Court Decision 2012Du1051 Decided May 24, 2012, etc.).

참조조문

-도로교통법 제93조 제1항 제1호

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