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(영문) 부산지방법원 2017.06.28 2017구단293
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 16, 2016, at around 03:40 on October 16, 2016, the Plaintiff is driving a car in C Coin with a blood alcohol concentration of 0.119% at the front line of Busan Shipping Daegu.

On November 3, 2016, the Defendant issued a disposition to revoke the Plaintiff’s first and second class ordinary driving licenses and second class ordinary driving licenses (hereinafter “instant disposition”).

B. The Plaintiff filed an administrative appeal against the instant disposition, but the Central Administrative Appeals Commission dismissed the Plaintiff’s claim on December 23, 2016.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 4 (including paper numbers), the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiff asserted that the Plaintiff had a substitute driver to drive up to his house, but the Plaintiff sent a substitute driver to the workplace and directly drive up to 5-10 meters, and the Plaintiff did not have an intention to drive under the influence of alcohol, and it is improper to revoke all three kinds of driver's licenses by administrative convenience, and the instant disposition is deemed unlawful in light of the circumstances, such as the motive, circumstance, and the need for the driver's license to maintain his livelihood, etc.

B. Determination 1) As long as the Plaintiff was aware of the fact that the Plaintiff had no intention of driving under the influence of alcohol, the intention of driving under the influence of alcohol cannot be denied solely on the ground that the Plaintiff asserted that the Plaintiff had the knowledge of the fact that the Plaintiff would drive under the influence of alcohol. Therefore, this part of the Plaintiff’s assertion is without merit. 2) As to the assertion that the revocation of all three kinds of driver’s licenses is unreasonable, Article 93(1) of the Road Traffic Act was amended on January 27, 2016, as it was subject to the entire license of multiple drivers at the time of revocation of the license. The above amended provision was enforced from January 27, 2016, which was promulgated pursuant to Article 1 of the Addenda of the Road Traffic Act (amended as of January 27, 2016).

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