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(영문) 서울고등법원 2015.01.28 2014누66665
자동차운전면허취소처분취소
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasons why the court of the first instance should explain are as follows: (a) the reasons why the plaintiff is required to refer to the argument that the court of the first instance emphasizes in particular, or re-convened, is identical to the reasons of the first instance judgment, except for addition under the following: (b) Article 8(2) of the Administrative Litigation Act; and

2. Judgment on the plaintiff's assertion

A. In light of the following: (a) the Plaintiff’s assertion may take into account the circumstances in which his spouse was suffering from a wound due to a liveral depression, etc. and the economic difficulties therefrom; (b) the Plaintiff’s attempt to commit suicide, etc.; (c) the Plaintiff did not drive alcohol once for 21 years since the Plaintiff acquired the driver’s license; and (d) the Plaintiff’s license to maintain his spouse’s nursing and livelihood is essential, the meaning of the medical language used in the instant disposition that revoked the Plaintiff’s driver’s license is identical to that of the first instance judgment.

that is a case of deviation or abuse of discretionary authority.

B. The following circumstances, which are acknowledged in full view of the purport of the evidence adopted in the judgment of the court of first instance on the ground of the judgment cited in this judgment, are ① the rapid increase of automobiles today and the number of car driving licenses are issued in large volume, so the traffic situation becomes complicated and the need to strictly observe traffic regulations is growing. In particular, traffic accidents caused by drunk driving are frequent and the result is harsh, so it is very important for public interest to prevent traffic accidents caused by drunk driving. Thus, the revocation of driver's license on the ground of drunk driving should be emphasized more than the disadvantage of the party to be suffered by the revocation, unlike the revocation of the ordinary beneficial administrative act, the general preventive aspect that should be prevented than the disadvantage of the party to be suffered by the revocation of the license on the ground of drunk driving.

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