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(영문) 울산지방법원 2020.05.14 2019구단1989
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 August 22, 2019, at around 04:03, the Plaintiff driven C Vehicle on the front side of the Gyeongbuk-gun in the influence of alcohol of 0.141%.

(hereinafter referred to as “dacting driving of this case”). B.

Accordingly, on September 18, 2019, the defendant issued a disposition to revoke the plaintiff's driver's license pursuant to Article 93 (1) 1 of the Road Traffic Act to the plaintiff.

(hereinafter referred to as “instant disposition”). C.

On October 16, 2019, the Plaintiff filed an administrative appeal seeking revocation of the instant disposition with the Central Administrative Appeals Commission, but the said claim was dismissed on November 19, 2019.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, Eul evidence 1 to 13, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. Considering the following: (a) the intent of the Plaintiff’s assertion did not cause any damage due to the drinking driving of the instant case; (b) the distance of movement is relatively short; (c) the Plaintiff actively cooperated in the police investigation; (d) the Plaintiff’s driver’s license is essential to commute to and from a golf course located in a remote distance; and (e) the instant disposition was faced with economic difficulties due to the instant disposition, the instant disposition is unlawful by abusing its discretion.

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 results are harsh, so it is necessary to strictly control driving to protect the majority of drivers and pedestrians, the need for public interest to prevent traffic accidents caused by drinking driving, and the revocation of a driver's license is more severe, and the cancellation will result in the cancellation, unlike the cancellation of the ordinary beneficial administrative act.

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