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(영문) 수원지방법원 2021.02.19 2020구단4998

자동차운전면허취소처분취소

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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 20, 2020, while the Plaintiff was under the influence of alcohol of 0.232% during blood, the Plaintiff was driving a B rocketing car from front of the power-driven house located in the Shiidong in the Shiidong, to the road front of the 9-1 National Bank Scele-ro 69 meters in the Shii City-ro Ro-ro 69 meters in front of the Shii City-1 National Bank Scele-ro, while driving a vehicle at the speed of 350 meters in front of the Central line and making a left turn to the left, the Plaintiff sustained the front part of the Poter freight in front of the Plaintiff’s vehicle and sustained the necessary injury for two weeks in front of the victimized vehicle and his passengers, respectively.

B. On October 13, 2020, the Defendant issued a disposition revoking Class 1 ordinary driver’s license against the Plaintiff on the ground that the Plaintiff had injured a person due to a traffic accident while driving alcohol (hereinafter “instant disposition”).

(c)

The Plaintiff filed an administrative appeal against the instant disposition, but the Central Administrative Appeals Commission dismissed the Plaintiff’s administrative appeal on November 27, 2020.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 2, 3, Eul evidence Nos. 1 to 12, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The main point of the Plaintiff’s assertion is a relatively short distance from the Plaintiff’s driving of alcohol while drinking, and the Plaintiff is against the Plaintiff and would not drive alcohol again.

In light of the fact that the plaintiff is entering the company in February 2019 and works as a field manager after becoming difficult in company around the end of January 2021, 2021, the plaintiff was urged to resign. In light of the fact that when the driver's license is revoked, it is difficult to restore to the previous company or seek a new workplace, and that the plaintiff must support his family and is not good in health, the disposition in this case should be revoked because it is too harsh to the plaintiff and it is in violation of the law of abuse of discretionary power.

B. 1) Determination of whether a punitive administrative disposition deviatess from or abused the scope of discretion in light of social norms is a violation on the ground of the disposition.