logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2017.11.17 2017구단935
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 April 14, 2017, around 23:25, the Plaintiff driven a C-car while under the influence of alcohol in front of the Daegu Seo-gu B. On the same day, at around 23:41, the blood alcohol concentration was measured by 0.123%.

B. On April 28, 2017, the Defendant issued a disposition revoking a driver’s license (Class I ordinary) as of May 30, 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 September 12, 2017.

[Ground of recognition] Facts without dispute, Gap's 3, 4 evidence, Eul's 1 to 8 evidence (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The plaintiff's assertion is essential to drive a job, and if the driver's license is revoked, it is difficult to maintain his/her family's livelihood and support the parents hospitalized in the hospital. In light of the disadvantage suffered by the plaintiff due to the disposition of this case, the disposition of this case is unlawful because 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 be achieved than the disadvantage that the Plaintiff would suffer, even if considering the degree of disadvantage suffered by the Plaintiff and other various circumstances asserted by the Plaintiff, to the extent that the instant disposition was taken into account. 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 Motor vehicles are rapidly increasing and driver’s license is also granted.

arrow