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(영문) 수원지방법원 2015.07.15 2015구단31156
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 13, 2015, the Plaintiff was given 45 points (30 points, 15 points, and 0.0 points, and 0.09% of blood alcohol level under the influence of alcohol level 0.09% at around 21:56 on the 169-road of Songpa-gu Seoul, and was given 100 points with 100 points and 145 points with 10 points.

B. On January 30, 2015, the Defendant rendered the instant disposition to revoke the Plaintiff’s first-class ordinary motor vehicle (license number: C) on March 1, 2015, by applying Article 93(2) of the Road Traffic Act, on the ground that the Plaintiff’s total accumulated points per year is at least 145 points and at least 121 points, which are the criteria for revocation of the accumulated points.

[Grounds for recognition] The descriptions of evidence Nos. 1 through 13 and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion is unlawful since the instant disposition is an abuse of discretionary authority, in view of various circumstances, including the following: (a) the Plaintiff is in charge of business and delivery as D of Daeluth and is in charge of business and delivery; (b) the Plaintiff is required to obtain a driver’s license; and (c) the Plaintiff’s income is required to maintain his family’s livelihood; (d) the total sum points of which have been given due to an illegal act occurred during one-time driving exceeds the minimum standard; (e) the central crime, signal, or instructions should be absorptiond due to the incidental act of the drunk driving; and (e) the Plaintiff violated the signal on the gal

B. In light of the following circumstances acknowledged by the aforementioned evidence and the purport of the entire pleadings, the need for public interest to be achieved through the instant disposition, even if the Plaintiff considered various circumstances, is less desirable than the disadvantages the Plaintiff would incur.

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