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(영문) 수원지방법원 2015.06.19 2015구단671
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 March 7, 2007, the Plaintiff acquired a Class 1 ordinary driver’s license (B), and driven a car in the state of alcohol of 06:35 on August 10, 2014, the Plaintiff driven a car in Category C, under the influence of alcohol level of 0.086% (the result of blood collection measurement) and went to the left at one lane of the four-lane road in the direction of the branch of the Tong-gu Seoul metropolitan apartment at the time of Gyeonggi Sungnam-gu, the Plaintiff caused a traffic accident of causing injury to the other driver, such as a string salt, etc. requiring approximately three-way medical treatment.

B. Accordingly, on September 4, 2014, the Defendant rendered the instant disposition revoking the Plaintiff’s driver’s license pursuant to Article 93(1)1 of the Road Traffic Act on the ground that the Plaintiff was involved in a traffic accident while driving under influence of alcohol as above.

C. The Plaintiff filed an administrative appeal on October 27, 2014, but was dismissed on December 3, 2014.

[Ground of recognition] Unsatisfy, entry of Eul evidence No. 4

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion cannot be deemed to have caused drinking, and rather, it was caused by the Plaintiff’s failure to perform his/her duty at all times, which led to the reduction of a non-protective line. The Plaintiff has no record of driving alcohol, and when the Plaintiff’s driver’s license is urgently required and the driver’s license is revoked, the instant disposition constitutes an unlawful case where it deviates from or abused the discretionary authority.

B. On the one hand, the number of vehicles rapidly increasing and the number of driver's licenses are issued so that traffic conditions are congested as traffic days, and the need to strictly observe traffic regulations is growing. In particular, traffic accidents caused by drunk driving are frequently frequent and the results are harsh, so it is very important for public interest to prevent traffic accidents caused by drunk driving. Therefore, the reason for drunk driving is limited to driving.

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