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(영문) 수원지방법원 2016.11.02 2016구단1886
자동차운전면허취소처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On March 19, 2016, the Defendant issued the instant disposition that the Plaintiff revoked the Plaintiff’s Class I ordinary and Class II ordinary car driver’s license (license number: D) as of May 15, 2016 by applying Article 93(1)1 of the Road Traffic Act on April 18, 2016, on the ground that the Plaintiff driven a cchip car with a 0.18% alcohol content while under the influence of alcohol around 08:34, 2016.

[Ground of recognition] No dispute, entry in Eul 4 to 8, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion was found to have a drinking-free driving during the marriage of other friendships that occur following the following day after visiting his/her home to provide counseling on the issue of workplace life. Since the plaintiff's acquisition of his/her driver's license, he/she was found to have been driving while driving his/her vehicle while driving his/her vehicle while driving his/her vehicle at the Sejong Vice General for about 16 years after he/she borrowed his/her driver's license, he/she was driving his/her vehicle without one traffic accident or a drinking-free driving, a simple driving without a traffic accident, the driving distance was merely based on the basis, and the driving distance was too too high, and the driving distance was needed to be developed and system management at IT companies, and thus, it is necessary to get his/her driver's license to get out of the scope of discretionary authority.

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 suspicion of its result, the need for public interest to prevent traffic accidents caused by drinking driving should be emphasized, and the revocation of a driver's license on the ground of drinking driving is different from the revocation of general beneficial administrative act.

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