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(영문) 수원지방법원 2017.09.20 2017구단1340
자동차운전면허취소처분취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. On April 24, 2017, the Plaintiff rendered the instant disposition that the Plaintiff revoked the first-class ordinary car driver’s license (license number: E) of the Plaintiff on May 15, 2017 by applying Article 93(1)1 of the Road Traffic Act, on the ground that the Plaintiff driven the D 7 car quantity owned by the Plaintiff on the front road located in the Dong-gu, Ansan-si (the result of the smoking measurement) in the influence of alcohol by 0.14% (the result of the smoking measurement) in the influence of alcohol on April 24, 2017.

[Ground of recognition] No dispute, Gap 2, 3, Eul 4 to 8, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. After the plaintiff's argument that the plaintiff's employee and the plaintiff's driver's license are included in the field of drinking, the plaintiff made a telephone call to the plaintiff and got a driver's license for more than 2 hours, and the driver's license was prevented. In addition to these circumstances of drinking driving, the plaintiff acquired the driver's license in 2001, the plaintiff did not have any traffic accident or force of drinking for about 17 years since he acquired the driver's license in 2001, the driver's license is necessary to carry out his duties with the other person as a drinking driver, the driver's license is essential to carry out his duties with the other person as a drinking driver, and the spouse and two children should be supported by the plaintiff. In light of the above, the disposition of this case is erroneous in the misapprehension of discretionary power as it is too harsh to the plaintiff.

B. Even if the revocation of a driver's license on the ground of drinking driving is an administrative agency's discretionary act, in light of today's mass means of transportation, and the situation where a driver's license is issued in large quantities, the increase of traffic accidents caused by drinking driving, and the seriousness of the result, etc., the need for public interest to prevent traffic accidents caused by drinking driving should be emphasized, and the revocation of a driver's license on the ground of drinking driving on the ground of the revocation of a driver's license on the ground of drinking driving on the ground of the revocation of the general beneficial administrative act, unlike

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