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(영문) 수원지방법원 2015.12.23 2015구단33299
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 August 19, 2015, at around 03:21, the Plaintiff driven a B-hand car on the road front of the Indukwon Station located in the Gu while he was under the influence of alcohol by 0.164% of blood alcohol level.

B. On August 28, 2015, the Defendant: (a) applied Article 93(1)1 of the Road Traffic Act to the Plaintiff on the ground of the foregoing drunk driving; and (b) revoked the Plaintiff’s Class 1 driver’s license (license number: C) on October 2, 2015.

[Grounds for recognition] The descriptions of evidence Nos. 1 through 14 and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that the instant disposition was unlawful since it abused or abused discretion, considering various circumstances, including the fact that the Plaintiff’s driver’s license is essential due to the relation of attending a large number of local business trips while taking charge of environmental measurement at the company, and that there is no record of driving under the influence of alcohol or violating traffic regulations.

B. Even if the revocation of the driver's license on the ground of drinking driving is an administrative agency's discretionary action, in light of today's mass means of transportation and the situation where the driver's license is issued in large quantities, the increase of traffic accidents caused by drinking driving, the suspicion of its result, etc., the need for public interest should be emphasized to prevent traffic accidents caused by drinking driving, and when the driver's license is revoked on the ground of drinking driving on the ground of the revocation of the driver's license on the ground of drinking driving on the ground of the revocation of the ordinary beneficial administrative action, it should be emphasized that the ordinary preventive aspect should be prevented rather than the disadvantage

In light of the above legal principles, comprehensively taking account of the following circumstances acknowledged by the foregoing evidence and the purport of the entire pleadings, the Plaintiff’s assertion is intended to achieve the disposition of the instant case, even if considering various circumstances alleged by the Plaintiff.

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