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(영문) 수원지방법원 2017.02.10 2016구단2841
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 25, 2012, the Plaintiff acquired a Class 2 ordinary car driver’s license (B), and around 03:50 on March 5, 2016, the Plaintiff driven a car in the shape of 0.178% (the rate applied by the Ramark) with blood alcohol concentration of 03:50%, and caused a traffic accident that causes physical damage by shocking string off the E-line located in Seocho-gu Seoul Metropolitan City, Seocho-gu, to a two-lane from the C-Sccode to the K hotel room, while driving the car in the shape of 0.178% (the rate applied by the Ramark) with the blood alcohol level of 03:50 on March 5, 2016.

B. Accordingly, on June 24, 2016, the Defendant rendered the instant disposition revoking the Plaintiff’s above driver’s license pursuant to Article 93(1)1 of the Road Traffic Act on the ground that the Plaintiff was driving under influence of alcohol as above.

C. The Plaintiff filed an administrative appeal on July 21, 2016, but was dismissed on September 30, 2016.

[Ground of recognition] Unsatisfy, entry of Eul evidence No. 4

2. Whether the disposition is lawful;

A. The Plaintiff asserted that the Plaintiff was at the time, who was driving a vehicle for the purpose of morale due to the yellow dust symptoms, and went to a nearby convenience store, and was driving a vehicle for about 50 meters m of 119 meters in the home of the accident again, and caused a traffic accident. The Plaintiff is obliged to drive a medical wholesale business, and if the driver’s license is revoked, the Plaintiff’s family’s livelihood is difficult. In light of all, the instant disposition is unreasonable because the Plaintiff is too harsh to the Plaintiff.

B. On the other hand, the number of vehicles today increases, and the number of driver's licenses are issued in large quantities, so the need to strictly observe traffic regulations is increasing as traffic conditions are congested, and in particular, traffic accidents caused by drunk driving are frequently frequent and the results are harsh, so it is very important for public interest to prevent traffic accidents caused by drunk driving. Therefore, the revocation of driver's licenses on the grounds of drunk driving is ordinarily beneficial.

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