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(영문) 서울행정법원 2019.08.28 2019구단9095
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 February 21, 2019, at around 07:21, the Plaintiff: (a) driven B dump trucks under the influence of alcohol level of 0.074% from the chill distance of Eunpyeong-gu Seoul, Seoul at the 408 Kdump (hereinafter “instant drunk driving”); (b) moved to the left line of the vehicle in front of the running direction when a dump truck was suddenly driven with red signal; and (c) moved to the left line in order to avoid this, the lower cystr of the vehicle stopped with the electric red signal, and caused a traffic accident by collisioning the Plaintiff with the front cystr of the vehicle.

B. On March 18, 2019, the Defendant issued a disposition to revoke the Plaintiff’s driver’s license (class 1 large, class 1 large, class 1 large, large, large, salvage, and class 2 common) pursuant to Article 93(1)1 of the former Road Traffic Act (wholly amended by Act No. 16037, Dec. 24, 2018) on the ground that the Plaintiff’s act constitutes the case of causing the Plaintiff to be injured by traffic accidents (hereinafter “instant disposition”).

C. The Plaintiff dissatisfied with the instant disposition and filed an administrative appeal with the Central Administrative Appeals Commission on March 26, 2019, but was dismissed on April 23, 2019.

【Ground of recognition】 The fact that there has been no dispute, Gap's 1, 2, Eul's 4 through 10, the purport of the whole entries and arguments

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion was found to have abused discretion when considering all circumstances, such as the Plaintiff’s dump truck driver’s operation by drinking alcohol and his family’s difficulty in living due to a dump truck driver’s living means. The instant disposition is unlawful in light of the following circumstances: (a) the Plaintiff dump truck driver’s operation constitutes a means of livelihood; and (b) the Plaintiff’s family’s livelihood becomes difficult due to the instant disposition.

B. Determination 1-related legal and disciplinary measures exceed the scope of discretion under social norms, or abuse discretionary power.

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