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(영문) 서울행정법원 2016.05.13 2015구단62944
자동차운전면허정지처분취소
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 4, 2015, at around 02:05, the Plaintiff: (a) driven a motor vehicle while under the influence of alcohol concentration of 0.095%; (b) caused a traffic accident due to a breach of duty of safe driving.

B. On October 28, 2015, the Defendant suspended the Plaintiff’s driver’s license (class 1 common) for 110 days from November 26, 2015, on the ground that the Plaintiff violated the duty of driving and safe driving as seen above and exceeded the standards for disposition of driver’s license suspension as a total of 110 points, pursuant to Article 93(1)1 of the Road Traffic Act.

(hereinafter “instant disposition”). C.

The plaintiff appealed against this and filed an administrative appeal with the Central Administrative Appeals Commission, but was dismissed on December 1, 2015.

[Ground of recognition] Facts without dispute, entry of Gap 1 and 4 evidence, purport of the whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiff asserted that the Plaintiff had been driving under the influence of alcohol because 6 hours passed after drinking and 6 hours passed after drinking and the Plaintiff had withdrawn the water surface, and thus, the Plaintiff did not have any intention to drive under the influence of alcohol. The Plaintiff’s distance operated by the driving under the influence of alcohol is very short of 500 meters and is merely a minor contact accident, and thus there was no personal damage and physical damage, and agreed with the victim. The Plaintiff was also aware that there was an agreement with the victim, for 12 years after the Plaintiff acquired the driver’s license in 2003, the Plaintiff driven an exemplary vehicle without an accident and a violation of laws and regulations, and the Plaintiff’s vehicle driver’s license is essential in performing his duties as an adjuster, and thus, the instant disposition is unlawful, because the Plaintiff’s disadvantage is considerably larger than the public interest to be achieved due to the instant disposition, and thus, the instant disposition is unlawful.

B. Today, motor vehicles are the mass means of transportation and accordingly the driver's license is issued.

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