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(영문) 서울행정법원 2020.06.17 2020구단6771
자동차운전면허취소처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Details of the disposition

On October 13, 2019, the Plaintiff, at around 15:03, operated D-cracking car driving under the influence of alcohol level of 0.090% from the “ hotel C” parking lot located in Yeongdeungpo-gu Seoul Metropolitan Government, to the road (hereinafter “instant drunk driving”).

On November 26, 2019, the Defendant issued a disposition to revoke the Plaintiff’s driver’s license (class 2 ordinary and class 2 motorcycles) on the ground of the instant drunk driving (hereinafter “instant disposition”).

On January 10, 2020, the Plaintiff dissatisfied with the instant disposition and filed an administrative appeal with the Central Administrative Appeals Commission, but was dismissed on February 18, 2020.

[Grounds] In light of the facts without dispute, Gap evidence Nos. 1 and 2, Eul evidence Nos. 1 and 1 through 10, the purport of the entire pleadings, and the purport of the disposition of this case as to legitimacy of the disposition of this case, the plaintiff's assertion that there is no history of drinking driving, the plaintiff's driver's license is essential for employment, the driving is an important means for maintaining the livelihood of his family, and the disposition of this case faces economic difficulties, etc., the disposition of this case is unlawful as it deviates

Judgment

Today, in light of the fact that a rapid increase in automobiles and a large number of driver's licenses are issued in traffic days, and the need to strictly observe traffic regulations is growing, and the traffic accidents caused by the driving of a motor vehicle are frequently frequent and there are many cases where the results are harsh, so it is necessary to strictly regulate driving of a motor vehicle, it is more necessary to realize public interest rather than to suffer any disadvantage that a driver who does not cause a traffic accident due to the revocation of license (see Supreme Court Decision 96Nu10812, Oct. 11, 1996). Considering the following facts and circumstances that can be acknowledged by taking into account the overall purport of the arguments as seen earlier, the instant disposition is discretionary power.

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