logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2020.06.09 2020구단753
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 December 31, 2019, the Plaintiff driven B vehicles while under the influence of alcohol at around 00:29, with a blood alcohol concentration of 0.162%.

B. Accordingly, on January 10, 2010, the Defendant rendered a decision to revoke the driver’s license (class 2 common) to the Plaintiff by applying Article 93(1)1 of the Road Traffic Act.

(hereinafter “instant disposition”). C.

The administrative appeal filed by the Plaintiff against the instant disposition was dismissed on February 21, 2020.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6, Eul evidence Nos. 1 through 11 (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 the instant drunk driving, the distance of movement is relatively short of 20 meters, the Plaintiff was at home or avoided a drunk driving by using a proxy driving. In the instant case, the driver was actively cooperatinged in the detection of drunk driving, such as the confession, and the fact that the driver’s license is absolutely necessary, such as the production of electricity-related company located in the Silified Industrial Complex, the work of the production staff, the commuting to and from the hospital, and the driving of a private teaching institute for the acquisition of the certificate of qualification, etc. When the driver’s license is revoked, the driver’s license is absolutely necessary, such as the maintenance of livelihood, the support of the mother-child and the school, and the school support have difficulties in supporting the patient, and the company, etc. has been listed in the company, etc., and received an audit plaque, etc., and thus, the disposition of this case is unlawful by abusing discretionary power.

B. Determination 1 motor vehicles are the mass means of transportation and accordingly, the necessity to strictly observe traffic regulations is greater as traffic conditions are congested by mass issuance of driver's licenses, and traffic accidents caused by drinking driving are frequently frequent and the results are harsh.

arrow