정직처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. The Plaintiff was appointed as a policeman on May 30, 1998, and was promoted as of February 1, 2014, and served in the Dongdaemun Police Station B Team from February 12, 2014.
On November 14, 2014, at around 08:45, the Plaintiff caused a drinking traffic accident (hereinafter “instant drinking traffic accident”) by shocking the driver’s vehicle (Cschton) in front of the building located in Dongdaemun-gu Seoul, or 200 meters in front of the G building located in the front of the F, while driving his vehicle (Cschton) under the influence of alcohol at around 0.063% of blood alcohol level (Dmark 0.070%).
B. On December 11, 2014, the Defendant made a disposition of demotion to the Plaintiff pursuant to Article 78(1)1, 2, and 3 of the State Public Officials Act due to the following reasons.
C. The Plaintiff filed an appeal review with the appeals review committee, and the appeals review committee changed the above disposition of demotion on March 27, 2015.
(hereinafter referred to as “instant disposition”), 2 months of the suspension from office that has been mitigated (hereinafter referred to as “the instant disposition”), / [based on recognition] without dispute, entry of Gap’s 1 to 4, Eul’s 3 to 6, and the purport of the whole pleadings.
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion did not recognize that the Plaintiff was driving under the influence of alcohol because the Plaintiff was driving under the influence of alcohol after fully driving the water after drinking. At the time of the instant drinking accident, the Plaintiff’s blood alcohol level exceeds 0.050% corresponding to the suspension of a driver’s license. The Plaintiff compensated for physical damage caused by the instant drinking accident, the Plaintiff has been unconstitutionally working for 16 years and 5 months after being appointed as a police officer, and there was no record of driving and disciplinary action, and multiple commendation and awards such as the Prime Minister’s certificate, certificate of exemplary public official, official commendation by the Minister of Security and Public Administration, official commendation by the Minister of Security and Security, and official commendation, etc., and the degree of infringement on private interest is excessive.