(영문) 인천지방법원 2014.10.28 2014구단967

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(영문) 인천지방법원 2014.10.28 2014구단967

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 9, 2014, the Plaintiff, while under the influence of alcohol 0.113% in blood alcohol, driven a leisure car owned by the Plaintiff. On January 29, 2014, the Defendant revoked the Plaintiff’s automobile [Class 1 driver’s license, Class 1 ordinary, and Class 1 special (bitr)] pursuant to Article 93(1)1 of the Road Traffic Act on January 29, 2014.

(hereinafter “instant disposition”). (b)

The plaintiff appealed against this and filed an administrative appeal, but was dismissed on March 25, 2014.

[Reasons for Recognition] The Evidence Nos. 1, 2, 3, and 1 of Eul

2. Whether the disposition is lawful;

A. The plaintiff's assertion on the day of the instant case is divided into the same fee and the same fee at the office after the completion of the freight transport on the day of the instant case, and the driver's license was found to have been found to have been delayed after the end of the instant case 4 weeks, and the driver's license was found to have been found to have been delayed while driving the signaled vehicle, but failed to do so, for about 32 years after the acquisition of the driver's license in 1981, the driver's license was supported by his family members, including class 1 children of intellectual disability, and the driver's license was essential for living, the victim of the accident and the victim agreed to the extent of damage is very minor because the victim did not receive any specific treatment, and the plaintiff's error is against the public interest to be achieved, and thus, the instant disposition was unlawful since it deviates from the discretion of the plaintiff significantly more than the public interest to be achieved.

B. (1) Determination (1) In light of the fact that today’s automobiles are the mass means of transportation and accordingly a large amount of driver’s license is issued, and frequent traffic accidents caused by drinking driving occur and the results are harsh, the need for public interest to prevent traffic accidents caused by drinking driving is very large.

Therefore, the revocation of the driver's license on the ground of drinking driving is a drinking driving.

참조조문

-도로교통법 제93조 제1항 제1호

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