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(영문) 부산지방법원 2015.11.25 2015구단1780
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 October 29, 1990, the Plaintiff acquired a Class I ordinary driver’s license.

B. On September 7, 2015, the Defendant issued the instant disposition that revoked the Plaintiff’s above driver’s license as of October 10, 2015 on the ground that the Plaintiff driven B vehicles under the influence of alcohol with a blood alcohol concentration of 0.110% on the front of the Busan Northern-dong, Busan, on August 27, 2015.

C. On October 2, 2015, the Plaintiff appealed against the instant disposition and filed an administrative appeal with the Central Administrative Appeals Commission, but was subject to the dismissal ruling on October 28, 2015.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 9, Eul evidence Nos. 1 through 5 (including virtual numbers), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion is currently a business employee and thus the driver’s license is required. Considering the various circumstances, the Plaintiff’s instant disposition is an illegal disposition that deviates from discretion and abused by excessively harshly treating the Plaintiff, taking into account the following: (a) there is a risk of dismissal in the event of the instant disposition; (b) there was no serious traffic regulations such as drinking driving or causing traffic accidents after the Plaintiff’s acquisition of the driver’s license; (c) the distance of driving on the day of the instant case is about 100 meters; and (d) the Plaintiff’s mistake is seriously against the Plaintiff.

B. In light of the fact that today’s increase in automobiles and the number of driver’s licenses are issued in large volume, and the need to strictly observe traffic regulations due to the reduction of traffic conditions is growing, and the traffic accidents caused by the driving of a motor vehicle are frequently frequent and the result thereof is harsh, so it is necessary to strictly regulate the driving of a motor vehicle due to the driving of a motor vehicle on the ground of the driving of a motor vehicle, the revocation of the driver’s licenses on the ground of the driving of a motor vehicle should be prevented, unlike the revocation of general beneficial administrative acts, rather than the disadvantage of the party who will suffer from the revocation of the license.

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