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(영문) 부산지방법원 2018.05.09 2018구단276
자동차운전면허취소처분취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. On November 8, 2017, the Defendant issued the instant disposition to revoke the Plaintiff’s Class II ordinary driver’s license by applying Article 93(1)1 of the Road Traffic Act on November 17, 2017, on the ground that the Plaintiff driven a B car while under the influence of alcohol of 0.116% at the front of the square of Geum-gu, Seo-gu, Busan, Seo-gu, Busan, under the influence of alcohol level 0.16%.

[Ground of recognition] Facts without dispute, Gap evidence 1, 3, Eul evidence 1-1, 2-2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. In light of the fact that the Plaintiff allegedly asserted that the Plaintiff interfered with traffic flow or caused a traffic accident, the Plaintiff’s blood alcohol concentration similar to 0.1%, which is the standard for the revocation of the driver’s license, the depositee whose blood alcohol content is 0.1% similar to the Plaintiff’s blood alcohol level, the Plaintiff confessions the fact of drinking, is in depth, and is in contravention of its depth, the Plaintiff is obliged to drive electronic equipment on the construction site, and the Plaintiff supports the parent-child who is treated due to heart diseases, etc., and plans to marry for marriage within the year. However, the revocation of the driver’s license is likely to make it difficult for the Plaintiff to maintain his/her livelihood, and thus, the instant disposition in question

B. Even if the revocation of a driver's license on the ground of drinking driving is an administrative agency's discretionary act, in light of today's mass means of transportation, and the situation where a driver's license is issued in large quantities, the increase of traffic accidents caused by drinking driving, and the seriousness of the result, etc., the need for public interest to prevent traffic accidents caused by drinking driving should be emphasized, and the revocation of a driver's license on the ground of drinking driving on the ground of drinking driving should be prevented rather than the disadvantage of the party to whom the revocation would be suffered, unlike the revocation of the general beneficial administrative act.

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