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(영문) 인천지방법원 2020.05.12 2020구단81
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 11, 2019, the Plaintiff driven B vehicles while under the influence of alcohol with a blood alcohol concentration of 0.127% around 00:57.

B. On October 9, 2019, by applying Article 93(1)1 of the Road Traffic Act, the Defendant issued a notice of decision to revoke the driver’s license (class 2 common) to the Plaintiff.

(hereinafter “instant disposition”). C.

The administrative appeal filed by the Plaintiff against the instant disposition was dismissed on December 3, 2019.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 7, Eul evidence Nos. 1 through 13 (including branch numbers), the purport of the whole pleadings

2. Whether the disposition is lawful;

A. In light of the following: (a) the Plaintiff’s assertion was used as an agent for ordinary driving during drinking; (b) the Plaintiff was not allowed to drive as an agent for a period of one hour but actively cooperates in the detection of drinking driving, such as confession, etc.; (c) the software distribution personnel’s duties and driving license is absolutely necessary; (d) the maintenance of livelihood, family support, the affiliated hospital’s internal source, and the repayment difficulties; and (e) the company has inflicted an exemplary life on the part of its superior members, such as receiving a commendation and a letter of appreciation, etc., the instant disposition is unlawful by abusing discretion since it exceeds the disadvantage of the Plaintiff, which is considerably infringed on the public interest to be achieved.

B. In light of the fact that one motor vehicle is a mass means of transportation and accordingly, the need to strictly observe traffic regulations is growing as the traffic situation becomes complicated due to the issuance of a large number of driver's licenses, and the traffic accidents caused by drinking driving are frequently frequent and the results are harsh, so it is necessary to strictly regulate drinking driving in order to protect the majority of drivers and pedestrians.

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