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(영문) 수원지방법원 2017.03.24 2016구단9149
자동차운전면허취소처분취소
Text

1. The Defendant’s revocation of the license granted to the Plaintiff on June 24, 2016 shall be revoked.

2. The costs of lawsuit shall be.

Reasons

1. Around 22:50 on June 3, 2016, the Plaintiff driven a 10-meter car in the parking lot of the member-gu Masan-ro 43 Dolsan-si, the Plaintiff, while under the influence of alcohol with a blood alcohol content of 0.166%.

B. On June 24, 2016, the Defendant issued the instant disposition against the Plaintiff, which revoked the driver’s license in accordance with Article 93(1)1 of the Road Traffic Act.

Article 22(1) of the former Administrative Appeals Commission Act (amended by Presidential Decree No. 2010, Sep. 2, 2016).

【Fact-finding without a dispute over the grounds for recognition, evidence of Articles 4 through 12, the purport of the whole pleadings

2. According to Article 93(1)1 of the Road Traffic Act and Article 91(1)28 of the Enforcement Rule of the same Act, when a person drives a vehicle in a drunken condition (not less than 0.1% of blood alcohol content), the criteria for revocation of the license shall be determined. “A person whose blood alcohol content exceeds 0.12%” refers to a person who is an important means to maintain his family’s livelihood or is engaged in transportation volunteer activities for not less than three years at the time of the disposition, or who has received an official commendation from the chief of a police station or higher by arresting a driver who escaped after causing a traffic accident and arresting such driver, and who does not meet certain requirements for exclusion.” As one of the requirements for exclusion from mitigation, “the person who drives a vehicle in excess of 0.12% of blood alcohol content.”

Considering that there seems to be no reasonable grounds to recognize the above revocation criteria as significantly unfair, and that today's automobile becomes a mass means of transportation, and accordingly a large number of driver's licenses are issued, and traffic accidents occur frequently and the results are harsh, it is very necessary for administrative agencies to prevent traffic accidents caused by drinking driving in the public interest.

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