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(영문) 수원지방법원 2017.12.20 2017구단2039
자동차운전면허취소처분취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. On April 24, 2017, on the ground that the Plaintiff driven a rocketing motor vehicle (license number: D) of the Plaintiff’s Class 1 ordinary motor vehicle (license number) as of May 29, 2017, on the ground that the Plaintiff was under the influence of alcohol 0.179% (the result of a smoking measurement) at a 0.179% (the result of a smoking measurement), the Defendant issued the instant disposition revoking the Plaintiff’s license as of June 23, 2017, by applying Article 93(1)1 of the Road Traffic Act.

[Ground of recognition] No dispute, Gap 1, 2, Eul 4 through 8, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion attended the workplace workshop held at Pyeong-gun, Gyeong-gun, and the Plaintiff was under the influence of drinking while driving a motor vehicle on his own without drinking alcohol and driving a motor vehicle on his own while drinking alcohol and driving a motor vehicle on his own.

Considering the fact that the Plaintiff had no traffic accident or drinking driving record for about 12 years since the Plaintiff acquired a driver’s license, the current entrance training institute is in charge of the student management and guidance at the entrance training institute, and the vehicle is essential, the spouse of de facto marriage and the parents should support them after divorce, and a majority of the participation in ordinary contributions and volunteer activities, the instant disposition is too harsh to the Plaintiff, thereby abusing or abusing discretion.

B. Even if the revocation of a driver's license on the ground of drinking driving is an administrative agency's discretionary act, in light of today's mass means of transportation, and the situation where a driver's license is issued in large quantities, the increase of traffic accidents caused by drinking driving, and the seriousness of the result, etc., the need for public interest to prevent traffic accidents caused by drinking driving should be emphasized, and when the driver's license is revoked on the ground of drinking driving on the ground of the revocation of the driver's license on the ground of drinking driving on the ground of the revocation of the general beneficial administrative act, it is rather than

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