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(영문) 수원지방법원 2015.03.20 2014구단4607
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 instant disposition

A. On March 15, 200, the Plaintiff acquired and operated a Class 2 ordinary car driving license (B), and operated a 100-meter car from DAWW on November 8, 2014, while under the influence of alcohol at 09:10% of blood alcohol level on November 8, 2014, the Plaintiff driven a 100-meter car from the DAWW on the Osan-dong, Osan-si, Osan-si, Osan-si.

B. Accordingly, on December 10, 2014, the Defendant rendered the instant disposition revoking the Plaintiff’s above driver’s license pursuant to Article 93(1)1 of the Road Traffic Act on the ground that the Plaintiff was driving under influence of alcohol as above.

[Ground of recognition] Unsatisfy, Gap evidence 1

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion is engaged in taxi driving operations on the ground that the Plaintiff’s work days other than driving duties cannot be conducted at all for others with disabilities of grade 3 with late disability. A driver’s license is essential as the only means for maintaining the livelihood of his family. The Plaintiff’s wife is physically handicapped, and the Plaintiff’s vehicle driver’s license is revoked under the rehabilitation plan for about 10 years. If the driver’s license is revoked, it would pose a big threat to the Plaintiff’s and his family’s livelihood, and the blood alcohol level at that time is only 0.105%, due to excessive excessive disposition by the Defendant, constitutes a case where the Plaintiff deviates from or abused its discretionary power.

B. On the other hand, the number of vehicles today increases, and the number of driver's licenses are issued in large quantities, so the need to strictly observe traffic regulations is increasing as traffic conditions are complicated, and in particular, traffic accidents caused by drinking driving are frequently frequent and the results are harsh, so it is very important for public interest to prevent traffic accidents caused by drinking driving. Therefore, the revocation of driver's licenses on the grounds of drinking driving is required.

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