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(영문) 대구지방법원 2020.05.29 2019구단2744
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 September 10, 2019, at around 00:30, the Plaintiff driven D 5 vehicles under the influence of alcohol level of 0.105% at the front of the C store located in Si-si B (hereinafter “instant drinking”).

B. On October 4, 2019, the Defendant rendered a decision to revoke the Plaintiff’s driver’s license (class 1 large, class 1 common) as of October 30, 2019 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 November 22, 2019.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, Eul evidence Nos. 1, 2, and 3 (including additional numbers), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. In full view of the following: (a) the Plaintiff’s assertion did not cause damage due to the pertinent drinking driving; (b) the Plaintiff moved a relatively short distance; (c) the Plaintiff has no traffic accident or the influence of drinking alcohol; (d) the Plaintiff actively cooperates in the process of investigating the drinking driving; (c) the Plaintiff is a company member; (d) the Plaintiff is absolutely in need of a driver’s license to maintain his livelihood as he continues to work at the workplace due to frequent travel; and (e) there is a family member to support the Plaintiff; and (e) economic difficulty, the Plaintiff’s disadvantage infringed compared to the public interest protected by the instant

B. The revocation of a driver's license when a person who has obtained one driver's license drives a drinking motor vehicle is the discretionary act of an administrative agency. However, in light of the increase of traffic accidents caused by drinking driving and the cruelness of the result, the necessity of public interest to prevent traffic accidents caused by drinking driving should be more serious. The revocation of a driver's license is different from the revocation of the general beneficial administrative act.

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