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(영문) 서울행정법원 2015.09.17 2015구단4788
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 January 9, 2015, at around 22:35, the Plaintiff: (a) driven a C motor vehicle under the influence of alcohol level of 0.130% at the front of Gangdong-gu Seoul, Gangdong-gu, Seoul; (b) caused the shock of another motor vehicle; and (c) discovered the fact of drunk driving in the course of investigating the said accident.

B. On January 23, 2015, the Defendant rendered a disposition revoking the Plaintiff’s first-class ordinary driver’s license (D) to the Plaintiff on February 22, 2015 (hereinafter “instant disposition”).

C. The Plaintiff filed an administrative appeal against the instant disposition, but the said claim was dismissed on or around March 27, 2015.

[Reasons for Recognition] Facts without dispute, Gap 18, 19 evidence, Eul 1 through 12 evidence (including provisional number), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion arrives at the resident priority parking lot in his residence due to the substitute driving of food and drinking together on the day of detection of the plaintiff's assertion.

On the ground that the other vehicle was parked in the parking place of the plaintiff, the substitute driver has set up the vehicle in front of the parking place of the plaintiff and left it.

The plaintiff was exposed to a minor contact accident during 1-2 meters later since the space is narrow so as to hinder vehicle traffic.

The plaintiff is responsible for the construction site supervision, and it is impossible to perform his/her duties without a driver's license.

In full view of all the circumstances, the instant disposition was erroneous in the abuse of discretionary power.

(b) The details of the relevant statutes are as shown in the attached statutes.

C. In light of the fact that the revocation of a driver’s license on the ground of drinking, such as drinking driving, etc., is an administrative agency’s discretionary act, today’s mass means of transportation, and accordingly, a large number of motor vehicles are issued, and the trend and result of the increase of traffic accidents caused by drinking driving, etc., it shall be prevented from traffic accidents caused by drinking driving.

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