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(영문) 창원지방법원 2015.10.27 2015구단555
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 23, 2015, at around 17:30, the Plaintiff driven a B vehicle while under the influence of alcohol content of 0.1%, resulting in a traffic accident involving personal damage of one ordinary person.

B. Accordingly, on July 27, 2015, the Defendant rendered a disposition to revoke the license for driving Class 1 ordinary and Class 2 motor vehicles (hereinafter “instant disposition”) to the Plaintiff.

C. The Plaintiff appealed and filed an administrative appeal with the Central Administrative Appeals Commission on August 3, 2015, but was dismissed on September 8, 2015.

【Ground of recognition】 The fact that there has been no dispute, Gap 1, 7 evidence, Eul 1 through 14, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion is that the driver's license is essential to maintain the workplace and maintain his family's livelihood; the plaintiff's movement of the truck owned by the plaintiff to a safe place that does not interfere with the passage of other vehicles without permission; the occurrence of a traffic accident occurred while the vehicle was not in operation; the plaintiff does not flee; the plaintiff fully discharged the victim's damage; and the plaintiff was given official commendation for ten years due to the accident without permission. The defendant's disposition of this case constitutes an abuse of discretionary authority and constitutes a violation of the defendant's disposition.

B. 1) In light of the fact that the revocation of a driver’s license on the ground of drinking is an administrative agency’s discretionary act, today’s mass means of transportation, and accordingly, the increase in traffic accidents caused by drinking driving, and the result thereof are frequently involved, etc., the necessity for public interest to prevent traffic accidents caused by drinking driving is very large (see, e.g., Supreme Court Decision 97Nu13214, Nov. 14, 1997). Therefore, a driver’s license on the ground of drinking driving is granted.

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