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(영문) 춘천지방법원 2015.11.06 2015구합897
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. The Plaintiff is a person holding Class 1 large, Class 1 large, Class 1 large, Class 1 special, Class 1 special license (Trara), and Class 1 special driver’s license (B). Around July 21:40, 2015, the Plaintiff driven a vehicle for the Kannnb ( nine-person license) with approximately 2 km from the front of the road in the magnbnb in the manban Eup of the Kunwon-gun, Kunwon-gun, Gangwon-do, to the road in the same Dondong-gu, Manban-Eup.

B. Accordingly, on July 22, 2015, the Defendant rendered a disposition revoking the Plaintiff’s driver’s license under Article 93(1)1 of the Road Traffic Act (hereinafter “instant disposition”).

C. The Plaintiff dissatisfied with the instant disposition and filed an administrative appeal with the Central Administrative Appeals Commission, but received a dismissal ruling on August 21, 2015.

[Ground of recognition] Facts without dispute, Eul evidence Nos. 1, 2-6, 3 through 6, 9 (including relevant numbers), and the purport of the whole pleadings

2. The plaintiff's assertion that the plaintiff was present at an elementary school club on the day of the instant case, but the plaintiff was not a substitute driver to drink alcohol after drinking alcohol due to his/her right of lectures, but he/she is driving himself/herself on the ground that he/she did not continue to do so.

Considering the fact that it was discovered that it was not intended to drive under the influence of alcohol from the beginning, and that the city bus driving service is currently economically difficult as a means of livelihood favorable to the Plaintiff, the instant disposition asserts to the effect that it is an illegal disposition that deviates from or abused discretion by excessively harsh treatment to the Plaintiff.

3. Attached statements to the relevant Acts and subordinate statutes;

4. Determination

A. Even if the revocation of a driver's license on the ground of drinking, such as drinking driving, is an administrative agency's discretionary act, today's motor vehicle is a mass means of transportation and accordingly, the driver's license is issued. The trend of the increase in traffic accidents caused by drinking driving.

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