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(영문) 수원지방법원 2016.10.21 2016구단1725
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 February 22, 1993, the Plaintiff acquired a Class II ordinary driver’s license on April 6, 1995 (B) and Class I ordinary driver’s license on April 6, 1995, and on December 11, 2015, the Plaintiff was under the influence of alcohol at around 0.107% of the blood alcohol level on December 21, 2015, and was under the influence of alcohol, and was under the influence of alcohol to the front way of the Kung-gu Legal Training Institute.

B. Accordingly, on December 24, 2015, the Defendant rendered the instant disposition revoking the Plaintiff’s above driver’s license pursuant to Article 93(1)1 of the Road Traffic Act on the ground that the Plaintiff was driving under influence of alcohol as above.

C. The Plaintiff filed an administrative appeal on February 16, 2016, but was dismissed on April 5, 2016.

[Grounds for recognition] The entry of No. 4 and the purport of the whole pleading

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion that he was a school meal even with the Dong school at the time, and that he was driven to return home on the phone of his wife that he was frequently entering the school, and that he did not cause a traffic accident during driving, and that when the Plaintiff’s driver’s license is revoked due to the nature of the duties of driving the school in his school, it is unlawful that the instant disposition constitutes a case where the Plaintiff was excessively harsh to the Plaintiff, thereby deviating from and abusing his discretionary power.

B. In today’s rise in the number of vehicles, and the number of driver’s licenses is issued in large volume, so the need to strictly observe traffic regulations is increasing as traffic conditions are congested, and in particular, traffic accidents caused by drinking driving are frequently frequent and the results are harsh, so it is very important for public interest to prevent traffic accidents caused by drinking driving. Therefore, the revocation of driver’s licenses on the grounds of drinking driving is rather than the disadvantage of the party who will suffer from the revocation, unlike the cancellation of the ordinary beneficial administrative act.

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