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(영문) 수원지방법원 2017.05.17 2017구단224
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 September 5, 2016, the Plaintiff was subject to a disposition of the suspension of driver’s license (from October 18, 2016 to December 6, 2016) for 50 days after he/she was found to have a blood alcohol concentration of 0.059% and completed a prescribed training. On October 24, 2016, the Plaintiff was found to have been driving a DNA cargo vehicle on the C dental clinic front of the B during the period of the suspension of the driver’s license on October 24, 2016.

B. On November 29, 2016, the Defendant rendered the instant disposition revoking the Plaintiff’s Class I and II ordinary car driving licenses (license number: E) as of December 17, 2016, by applying Article 93(1)19 of the Road Traffic Act, on the ground that the Plaintiff performed driving during the period of the administrative disposition for the driver’s license as above.

[Ground of recognition] No dispute, Gap 1, 3, 9, Eul 3 through 6, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion that the plaintiff's vehicle was unable to have a part of the body at the time, and the driver's license was discovered while driving a vehicle in order to visit the imposition. In light of the fact that the plaintiff is a beneficiary who currently received residence and medical benefits and is engaged in the business of collecting and selling high water by driving a small cargo vehicle, and thus, the cancellation of the driver's license would prevent the maintenance of livelihood, and that the mistake is against the plaintiff's depth, the disposition of this case is an abuse of discretion because it is too harsh to the plaintiff.

B. The need to strictly observe traffic regulations is greater due to the rapid increase of automobiles and the issuance of car driving licenses in large volume, resulting in traffic congestion on the day.

Therefore, administrative dispositions such as disposition of driver's license for a person who violates traffic regulations or causes traffic accidents are essential legal sanctions to ensure safe and smooth traffic by preventing and removing all traffic risks and obstacles.

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