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(영문) 인천지방법원 2020.05.12 2020구단29
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 1, 2019, the Plaintiff driven B vehicles while under the influence of alcohol of 0.09% of alcohol level around 07:21.

B. On September 7, 2019, by applying Article 93(1)1 of the Road Traffic Act, the Defendant issued a notice of revocation of the driver’s license (class I ordinary and class II small vehicles) to the Plaintiff.

(hereinafter “instant disposition”). C.

The administrative appeal filed by the Plaintiff against the instant disposition was dismissed on December 3, 2019.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, Eul evidence Nos. 1 through 12 (including branch numbers), the purport of the whole pleadings

2. Whether the disposition is lawful;

A. In light of the Plaintiff’s assertion that there was no damage caused by driving under the influence of alcohol, the distance of movement is relatively short of 40 meters, the confession, etc. actively cooperates in the detection of drinking driving, and the driver’s license of the imported vehicle operator is absolutely necessary when the driver’s license is revoked, and there is difficulty in maintaining livelihood, supporting family support, collecting debts, and subsidizing the parent’s economic support when the driver’s license is revoked, the instant disposition is considerably more likely to infringe the public interest, and thus, it is unlawful by abusing and abusing discretionary authority.

B. In light of the fact that one motor vehicle is a mass means of transportation and accordingly, the need to strictly observe traffic regulations is greater as the traffic situation becomes complicated, and the traffic accidents caused by drinking driving are frequently frequent and the results are harsh, so it is necessary to strictly regulate driving to protect the majority of drivers and pedestrians, the need for public interest to prevent traffic accidents caused by drinking driving, and the revocation of a driver's license is more severe 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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