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(영문) 수원지방법원 2016.01.13 2015구단3144
자동차운전면허취소처분취소
Text

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 July 28, 2015, at around 22:21, the Plaintiff driven a passenger car in the B SP on the front side of the CY, in the form of alcohol with a blood alcohol concentration of 0.154% 0.154%.

B. On September 3, 2015, the Defendant: (a) applied Article 93(1)1 of the Road Traffic Act to the Plaintiff on September 18, 2015; (b) revoked the Plaintiff’s Class 1 driver’s license (license number: C); and (c) rendered the instant disposition to the Plaintiff on September 18, 2015.

[Ground of recognition] Evidence Nos. 3, Eul Nos. 1 to 13, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion is unlawful as it deviatess from and abused discretion, considering various circumstances, including the fact that the Plaintiff is in charge of the business affairs at the company, and the driver’s license is essential, that the Plaintiff is in profoundly against his drinking behavior, and that the Plaintiff suffered six-way injuries due to the central intrusion of the traffic accident counter-party.

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, 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, it should be emphasized that the ordinary preventive aspect should be prevented rather than the disadvantage

In light of the above legal principles, comprehensively taking account of the following circumstances acknowledged by the foregoing evidence and the purport of the entire pleadings, the following circumstances alleged by the Plaintiff should be considered.

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