(영문) 수원지방법원 2015.07.22 2015구단1292

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(영문) 수원지방법원 2015.07.22 2015구단1292

자동차운전면허취소처분취소

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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 February 15, 2015, at around 22:35, the Plaintiff driven a DNA car driving on the front of the Dakman car in the front of the Kayang-gu Department B located in Ansan-gu, under the influence of alcohol by 0.109% of alcohol level.

B. On February 27, 2015, the Defendant rendered the instant disposition to the Plaintiff on March 30, 2015, under Article 93(1)1 of the Road Traffic Act, revoking the Plaintiff’s Class I ordinary and Class II ordinary car driving licenses (license number: E).

[Ground of recognition] Facts without dispute, entry of evidence of Nos. 1 to 15, purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion is unlawful since the instant disposition is an abuse of discretion, considering various circumstances, including the following: (a) the Plaintiff’s driver’s license is essential to transport the body while working in the outer wall construction business while carrying the body and transporting equipment; (b) the Plaintiff was trying to drive approximately 3 meters on the wind generated from the time of parking to move the vehicle to a non-working parking space; and (c) it is difficult to deem that drinking meters’ performance or method of testing have been guaranteed.

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, and 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, the general preventive aspect should be emphasized more than the disadvantage of the party

Supreme Court Decision 201Da1449 Decided May 24, 2012

참조조문

-도로교통법 제93조 제1항 제1호

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