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(영문) 대구지방법원 2020.11.13 2020구단1525
자동차운전면허취소처분취소
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Details of the disposition;

A. On April 10, 2020, at around 01:00, the Plaintiff driven B-high 3 freight cars while under the influence of alcohol with a blood alcohol concentration of 0.088% at the front of the Daegu-gu junctic City (hereinafter “instant drinking”).

B. On April 24, 2020, the Defendant rendered a decision to revoke the Plaintiff’s driver’s license (class 1 common) as of May 28, 2020 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 “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 June 30, 2020.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2, 3, Eul evidence 1 to 5 (including provisional number), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. In light of the following circumstances: (a) the Plaintiff’s assertion did not cause personal injury due to drinking alcohol driving in the instant case; (b) the Plaintiff was driving at a short distance only; (c) the Plaintiff actively cooperated in the investigation of drinking alcohol driving; (d) the Plaintiff engaged in the food materials supply business; and (e) the Plaintiff’s driver’s license is essential to perform his/her duties; and (e) the Plaintiff has a family member to support, and is economically difficult, the disadvantage of the Plaintiff infringed compared to the public interest protected by the instant disposition

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 driving under the influence of alcohol and the suspicion of its result, the necessity of public interest to prevent traffic accidents caused by driving under the influence of alcohol should be more serious. The revocation of a driver's license shall be suffered by the revocation, unlike the revocation of the general beneficial administrative act.

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