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(영문) 부산지방법원 2020.11.25 2020구단1999
자동차운전면허취소처분취소
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Details of the disposition;

A. On May 29, 2020, at around 23:30 on May 29, 2020, the Plaintiff driven D vehicles under the influence of alcohol concentration of 0.156% in front of the C funeral hall located in Busan Northern-gu B.

B. On June 19, 2020, the Defendant issued a disposition to revoke the Class 1 ordinary driver’s license pursuant to Article 93(1)1 of the Road Traffic Act (hereinafter “instant disposition”) against the Plaintiff on the ground that the Defendant driven under the influence of alcohol level of 0.156%.

C. On July 16, 2020, the Plaintiff filed an administrative appeal with the Central Administrative Appeals Commission on the instant disposition, but the said claim was dismissed on August 25, 2020.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1-1, 1-2, and 3-3, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. In light of the following: (a) since the Plaintiff’s assertion obtained a driver’s license on November 7, 2001, the traffic accident or drinking driving has no ability to drive under the influence of alcohol; (b) the ordinary school has used a proxy driving; (c) actively cooperated in the enforcement process; (d) the police agency’s driver’s license is required; (c) the maintenance of livelihood and support of his family members is difficult due to the disposition of this case; and (d) the disposition of this case is seriously against the drinking driving, it is unlawful by abusing

B. In light of the fact that a motor vehicle is a mass means of transportation and accordingly, the need to strictly observe traffic regulations is greater as the traffic situation is congested on the day, and the traffic accidents caused by drinking driving are frequent and there are many cases where the consequences of the traffic accidents are harsh, so it is necessary to strictly regulate drinking driving to protect the majority of the public and pedestrians, the need for public interest to prevent traffic accidents caused by drinking driving should be more serious, and the revocation of a driver's license is an ordinary beneficial administrative act.

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