logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2017.04.26 2016구단9644
자동차운전면허취소처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On October 15, 2016, the circumstances leading up to the disposition, on the ground that the Plaintiff driven a B low-priced car on the road in front of the water supply and sewerage facility business office located in Kimpo-si, Kimpo-ro, 152 while under the influence of alcohol at 0.16% of the blood alcohol concentration on October 15, 2016, the Defendant rendered the instant disposition to revoke the Plaintiff’s first-class ordinary car driver’s license (license number: C) as of December 10, 2016, by applying Article 93(1)1 of the Road Traffic Act to the Plaintiff on November 22, 2016.

[Ground of recognition] No dispute, Gap 1, Eul 4 through 9, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. On October 15, 2016, the Plaintiff asserted that he was in office as a local public official in the office of the Gu. On October 15, 2016, the Plaintiff: (a) completed a meeting of the Do residents of Gyeonggi-do, which was held in the office of the Gu; and (b) carried out a proxy driver’s license for driving a vehicle on his own because he did not go well at the end; and (c) he was

Considering that the Plaintiff’s re-acquisition of the driver’s license on April 2008, the Plaintiff did not have any history of traffic offense except for those exposed once for non-safety belts, and if the driver’s license is revoked, it is clear that the Plaintiff will be dismissed from the office of local public officials, and thereby his family’s livelihood is threatened, the instant disposition constitutes a case where the Plaintiff excessively abused or abused discretion.

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 the revocation of a driver's license on the ground of drinking driving, unlike the revocation of the ordinary beneficial administrative act, shall be

arrow