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(영문) 수원지방법원 2016.12.21 2016구단2452
자동차운전면허취소처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On June 16, 2016, the Defendant issued the instant disposition that revoked the Plaintiff’s Class I and Class II driver’s license (license number: E) on June 27, 2016 by applying Article 93(1)1 of the Road Traffic Act, on the ground that the Plaintiff driven a DNA high-priced driver’s license (license number) on the front of the Child Care Center C, located in E, E, in the state of alcohol content of 0.139%.

[Ground of recognition] No dispute, Gap 2, Eul 4 through 8, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion was revealed that the driver's license of this case was necessary because the driver's license of this case is an abuse of discretion because the driver's license of this case was revoked to the second class small driver's license because the driver's license of this case can not drive the vehicle with the first class ordinary license. The driver's license of this case is illegal because the driver's license of this case is operated by the second class small driver's license because the driver's license of this case can not drive the vehicle by the second class small driver's license of this case. The plaintiff is operating a steel public enterprise that installs and exchanges the current shock network, and supports both spouses and children. One of them is that the driver's license of this case is necessary because the driver's license of this case suffers from the high-grade bomb, and the plaintiff has a considerable amount of debt due to children's hospital and the operator of the enterprise, etc.

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 suspicion of the result, the need for public interest to prevent traffic accidents caused by drinking driving should be emphasized.

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