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(영문) 서울행정법원 2018.08.29 2018구단12087
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. On June 15, 2007, the Plaintiff was under the influence of driving a motor vehicle with a blood alcohol level of 0.106% and blood alcohol level of 0.105% on October 7, 2015.

B. On February 2, 2018, around 22:30, the Plaintiff driven a hybrid car with Cnbrid while under the influence of alcohol concentration of 0.088% on the front of Seodaemun-gu Seoul Western-gu B.

C. On February 14, 2018, the Defendant rendered a notice of revocation of the first and second class ordinary vehicle driving licenses to the Plaintiff on February 14, 2018, on the ground that the Plaintiff violated the prohibition of drinking, even though the Plaintiff violated the prohibition of drinking, on more than two occasions (hereinafter “instant disposition”).

The Plaintiff appealed against the instant disposition and filed an administrative appeal, but the Central Administrative Appeals Commission dismissed the Plaintiff’s request for administrative appeal on May 1, 2018.

【Ground of recognition】 The fact that there has been no dispute, Gap 1, 2, Eul 1 through 9 (including each number), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion is in charge of frequent business activities, such as maintenance and repair of information and communications devices, and thus, it is essential to drive a vehicle. Considering the Plaintiff’s circumstances and various circumstances, such as the Plaintiff’s loss of livelihood due to the instant disposition, the instant disposition was unlawful by excessively harshly abusing discretion.

B. In full view of the provisions of Articles 93(1)2 and 44(1) of the Road Traffic Act, the Commissioner of the Local Police Agency must revoke the driver’s license in a case where a person who has violated two or more times the prohibition of driving under the influence of alcohol once again drives under the influence of alcohol falls under the grounds for suspending

As seen above, the plaintiff violated the prohibition of drinking driving again in the state of not less than two times, and the defendant, who is the commissioner of a district police agency, must revoke the plaintiff's driver's license without fail.

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