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(영문) 서울행정법원 2015.04.08 2014구단16555
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 April 9, 2014, the Plaintiff was given penalty 110 points by causing a traffic accident due to a breach of safety duty while driving under the influence of alcohol with a blood alcohol concentration of 0.061%.

B. On July 29, 2014, around 15:30 on July 29, 2014, the Plaintiff was imposed 17 points with penalty points by causing a traffic accident that causes an injury to pedestrians who walk the road without permission due to a breach of duty of safe driving, resulting in a violation of duty of safe driving.

C. As above, the Defendant revoked the Plaintiff’s driver’s license (class 1 ordinary and class 2 ordinary) pursuant to Article 93(2) of the Road Traffic Act on the ground that the Plaintiff’s one-year short class points exceeds 121 points, which is the 127 point for the revocation of driver’s license.

(hereinafter “instant disposition”) D.

On November 18, 2014, the plaintiff filed an administrative appeal with the Central Administrative Appeals Commission.

[Ground of recognition] Facts without dispute, Gap 1, 2 evidence, Eul 1, 2, 5, 6, 8 evidence (including paper numbers) and the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiff asserted that the Plaintiff driven an exemplary vehicle without violating the laws and regulations, except two cases where the Plaintiff was given the penalty points, and the Plaintiff’s operator of a small restaurant was unable to purchase food materials and manage the customer’s vehicle parking when the driver’s license was revoked, thereby threatening the livelihood of the Plaintiff, children, and young grandchildren, and the Plaintiff has been making efforts to support juveniles, and thus, the instant disposition was unlawful as it is against the law, since the Plaintiff’s disadvantage is remarkably higher than the public interest to be achieved by it, and thus, it constitutes a deviation and abuse of discretionary power.

B. (1) Determination is based on the public interest that today’s automobiles are the mass means of transportation and accordingly, the driver’s license of motor vehicles is issued and traffic conditions are congested on the day, and traffic regulations should be strictly observed.

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