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(영문) 수원지방법원 2017.05.31 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 May 1, 2016, the Plaintiff was subject to a disposition of suspension of a driver’s license for 100 days (from June 10, 2016 to September 17, 2016) due to the detection of a blood alcohol concentration of 0.051%. On July 30, 2016, the Plaintiff was found to have driven CK7 car volume on the front of Pyeongtaek-si B apartment on July 30, 2016 during the suspension period of a driver’s license and was discovered to have been for non-licensed driving.

B. On August 9, 2016, the Defendant rendered the instant disposition revoking the Plaintiff’s Class 1 and Class 2 ordinary car driving license (license number: D) as of September 17, 2016, by applying Article 93(1)19 of the Road Traffic Act, on the ground that the Plaintiff performed driving during the period of the administrative disposition for the driver’s license as above.

[Ground of recognition] No dispute, Gap 1, Eul 3 through 6, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion that the plaintiff should promptly confirm the goods of the business partner at the time, and was forgotten and driven with the fact that he was in the suspension period after being contacted by the business partner at the time. Around about 15 to 20k driving, but there was no traffic accident, and the plaintiff is responsible for the livelihood of his family while operating a small-scale precision processing company with the trade name E. In light of the fact that the plaintiff is responsible for the livelihood of his family, the disposition of this case is too harsh to the plaintiff and is in violation of law of deviation from and abuse of discretionary power.

B. The need to strictly observe traffic regulations is greater due to the rapid increase of automobiles and the issuance of car driving licenses in large volume, resulting in traffic congestion on the day.

Therefore, administrative dispositions such as the disposition of suspension of driver's license for a person who violates traffic regulations or causes traffic accidents are essential legal sanctions to ensure safe and smooth traffic by preventing and removing all traffic risks and obstacles, so the effectiveness should be secured.

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