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(영문) 서울행정법원 2015.08.21 2015구단6319
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 September 27, 2014, the Plaintiff was given a mark of 30 points due to a violation of the exclusive lane for buses on expressway and the exclusive lane for multiple vehicles.

B. On January 9, 2015, the Plaintiff was found to have driven under the influence of alcohol with a blood alcohol level of 0.064% and was charged with penalty points of 100 points.

C. On January 28, 2015, the Defendant revoked the Plaintiff’s driver’s license (class 1 ordinary and class 2 motor vehicles) 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 130 driver’s license revocation standard.

(hereinafter referred to as the “instant disposition”) No. 1 driver’s license revocation is revoked.

The plaintiff appealed against this and filed an administrative appeal with the Central Administrative Appeals Commission on April 7, 2015.

[Ground of recognition] Facts without dispute, Gap 1 through 4, 6 through 9, Gap 10-236, Eul 1-1, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion was found in light of the following: (a) the Plaintiff was found to have been exposed to a minor blood alcohol concentration level; (b) the Plaintiff was operating an exemplary vehicle without an accident for ten (10) years; (c) the Plaintiff was an insurance solicitor; and (d) the Plaintiff is required to obtain a car driver’s license; (c) the revocation of the car driver’s license is not possible to support the family; and (d) the Plaintiff is not able to prevent this error in the future; and (e) the instant disposition was unlawful as it was against the Plaintiff’s disadvantage

B. (1) Determination is based on today’s mass means of transportation, and accordingly, the necessity of public interest to strictly observe traffic regulations is not very great as the traffic situation is congested by the issuance of driver’s license on a large scale. Therefore, revocation of driver’s license is likely to result in revocation, unlike revocation of general beneficial administrative acts.

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