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(영문) 대구지방법원 2020.06.19 2020구단607
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 October 28, 2019, at around 22:52, the Plaintiff driven D’s low-water vehicle volume while under the influence of alcohol 0.145% in front of a restaurant located in Daegu Suwon-gu B (hereinafter “instant drinking”).

B. On November 21, 2019, the Defendant rendered a decision to revoke the Plaintiff’s driver’s license (class 1 and class 2 motorcycles) of the Plaintiff as of December 24, 2019 pursuant to Articles 93(1)1 and 44(1) of the Road Traffic Act against the Plaintiff on the ground of the instant drunk driving.

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

The Plaintiff appealed against the instant disposition and filed an administrative appeal, but the Central Administrative Appeals Commission rendered a ruling dismissing the Plaintiff’s claim on February 18, 2020.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 7 (including paper numbers), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. In light of the following: (a) the Plaintiff’s assertion that there was no personal and material damage accident due to the pertinent drunk driving; (b) the Plaintiff moved short distance only; (c) the Plaintiff had no history of drinking driving for 28 years; and (d) the Plaintiff actively cooperates in the investigation into drinking driving; (c) the Plaintiff is a company member; (d) the Plaintiff is in need of a driver’s license for the performance of duties because of a large number of external duties; and (e) the Plaintiff is a family member supported by the Plaintiff; and (c) the Plaintiff is economically difficult, the Plaintiff’s disadvantage infringed compared to the public interest protected by

B. The revocation of a driver's license when a person who has obtained one driver's license is driving under the influence of alcohol is the discretionary act of an administrative agency. However, in light of the increase of traffic accidents caused by a drunk driving and the suspicion of its result, the necessity of public interest to prevent traffic accidents caused by a drunk driving should be more serious, and the driver's license should be revoked.

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