(영문) 의정부지방법원 2018.11.08 2018구합2099

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(영문) 의정부지방법원 2018.11.08 2018구합2099

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 October 19, 2006, the Plaintiff was driving a vehicle with a blood alcohol concentration of 0.284% and the driver’s license was revoked. On June 14, 2013, the Plaintiff had the record of suspending the driver’s license after driving the vehicle with a blood alcohol concentration of 0.096%.

B. On March 16, 2018, at around 10:05, the Plaintiff driven a 2 km distance from the street in front of the distribution of the Jinyang-si, Jyang-si to the street in front of the distribution of the Jinyang-si, Jyang-si, as B, while under the influence of alcohol by 0.087% of the blood alcohol content.

C. Accordingly, the Defendant rendered a disposition to revoke a driver’s license (class 1 ordinary) against the Plaintiff on the date stated in the purport of the claim (hereinafter “instant disposition”).

The plaintiff appealed and filed an administrative appeal within a legitimate period, but was dismissed.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 12, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. Considering the absence of the Plaintiff’s assertion of damage, the occupation of delivery business, and the inevitable nature of driving for family support, the degree of drinking, difficulties in living, blood donation, etc., the instant disposition was unlawful since it was an abuse of discretion.

B. According to Articles 93(1)2 and 44(1) of the Road Traffic Act, the Commissioner of the Local Police Agency shall revoke the driver's license in a case where a person who has violated the prohibition on drinking at least twice the driver's license again drives the vehicle and constitutes a ground for the suspension of the driver's license. As seen earlier, the defendant who is the commissioner of the Local Police Agency must revoke the driver's license without any discretion to the defendant, and there is no discretion to decide whether to revoke the driver's license.

Therefore, the discretion of the instant disposition shall be taken, as alleged by the Plaintiff.

참조조문

-도로교통법 제44조 제1항

-도로교통법 제93조 제1항 제2호

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