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(영문) 대구지방법원 2017.02.03 2016구단2170
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 November 1, 2016, the Defendant issued the instant disposition to revoke the Plaintiff’s driver’s license as of November 29, 2016 on the ground that the Plaintiff driven B vehicles while under the influence of alcohol level of 0.114% on the roads located in the Southern-gu Seok-dong at port on October 13, 2016, on the grounds that the Plaintiff driven B vehicles under the influence of alcohol level of 0.14%.

B. The Plaintiff filed an administrative appeal against the instant disposition, but the Central Administrative Appeals Commission rendered a decision to dismiss the said request.

【Fact-finding without dispute over the ground for recognition, entry of evidence No. 1, and purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion that the driver’s license is essential, and that the driver’s license is a cargo monitoring personnel, and thus, he/she knows the borrower with the cargo solidarity that is controlled.

They are driving after drinking alcohol with them.

In light of the fact that crackdowns and the cancellation of driver's license makes it difficult to maintain a livelihood, the instant disposition is illegal as it deviatess from and abused discretion.

B. (1) In full view of the following circumstances acknowledged by comprehensively taking into account the aforementioned evidence and the statement in the evidence No. 5 and the purport of the entire pleadings, even considering the degree of disadvantage suffered by the Plaintiff in the instant disposition and other various circumstances asserted by the Plaintiff, the public interest is more likely to be achieved than the disadvantage suffered by the Plaintiff in the instant disposition.

Article 91(1) [Attachment Table 28] of the Enforcement Rule of the Road Traffic Act

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

Today, there is a growing number of car cars and car driving licenses, so it is necessary to strictly observe traffic regulations according to the reduction of traffic conditions as traffic conditions are congested. In particular, traffic accidents caused by drinking driving.

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