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(영문) 대구지방법원 2017.08.25 2017구단645
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 March 16, 2017, around 21:20, the Plaintiff driven a B-car under the influence of alcohol in front of a forest recording forest located in the Hun-gu Seoul Special Metropolitan City, Young-gu. On the same day, at around 21:22, the blood alcohol concentration was measured as 0.122%.

B. On April 13, 2017, the Defendant issued a disposition revoking a driver’s license (Class I large) as of May 1, 2017 (hereinafter “instant disposition”) against the Plaintiff on the ground that the Plaintiff driven a motor vehicle as above.

C. The Plaintiff filed an administrative appeal against the instant disposition, but was dismissed by the Central Administrative Appeals Commission on June 20, 2017.

[Ground of recognition] Facts without dispute, Gap's entry into Gap's 3, 4, 6, 7 evidence, Eul's 1 to 6 evidence (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion is essential to drive a motor vehicle in the Plaintiff’s occupation. If the driver’s license is revoked, the family’s livelihood is difficult. In light of the disadvantages suffered by the Plaintiff due to the instant disposition, the instant disposition is unlawful as it is an abuse of discretion.

B. 1) In full view of the following circumstances acknowledged by comprehensively taking into account the purport of the entire evidence presented in the first instance, the public interest is more likely to achieve the disadvantage suffered by the Plaintiff to the instant disposition, even considering the degree of disadvantage suffered by the Plaintiff. ① Article 91(1) [Attachment 28] of the Enforcement Rule of the Road Traffic Act

2. The individual criteria for revocation stipulate that driver's license shall be revoked when a person drives a vehicle in a drunken condition (not less than 0.1 percent of blood alcohol concentration). The instant disposition conforms to the above criteria.

(2) The number of car driving licenses is rapidly increasing and the traffic conditions are congested by the large number of car driving licenses.

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