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(영문) 춘천지방법원 2017.06.20 2016구합672
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 May 27, 2016, at around 23:47, the Plaintiff driven a B-man car while under the influence of alcohol by 0.116%.

(hereinafter referred to as the “drinking of this case”). B.

On June 23, 2016, the Defendant rendered a disposition to revoke the Plaintiff’s driver’s license (class 2 common) of the Plaintiff on the ground of the instant drunk driving (hereinafter “instant disposition”) as of July 23, 2016 (hereinafter “instant disposition”).

C. The Plaintiff dissatisfied with the instant disposition and filed an administrative appeal with the Central Administrative Appeals Commission on July 27, 2016, but was dismissed on September 30, 2016.

[Ground of recognition] Facts without dispute, Eul evidence Nos. 2, 3, 6, 4, 8, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion is that the proxy driver immediately before the drinking driving of this case was driving a approximately 6 meters of volume in the course of moving and parking on the road side without any choice in order to prevent accidents on the road side in order to prevent the wind. When the plaintiff is unable to drive a vehicle on the road, the plaintiff as well as the plaintiff, and his family and company employees are difficult to maintain their livelihood. Thus, the disposition of this case is beyond the scope of discretion or abuse discretionary power.

(b) Entry in the attached Form of relevant Acts and subordinate statutes;

C. Even if the revocation of the driver's license on the ground of drinking driving is an administrative agency's discretionary act, 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, the suspicion of the 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, it should be prevented rather than the disadvantage suffered by the parties to the revocation, unlike the revocation of the ordinary beneficial

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