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(영문) 의정부지방법원 2019.01.22 2018구합2464

자동차운전면허취소처분취소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Details of the disposition

On March 11, 2018, while the Plaintiff was under the influence of alcohol of 0.143% of blood alcohol level, at around 17:33, the Plaintiff driven approximately 2km from the front of the K Hospital in the city of Speaker B to the front of the Egym distance in the city of Speaker D, while driving a FG80 car from approximately 2km to the front of the Egym distance in the city of Speaker.

Accordingly, on April 16, 2018, the Defendant issued a disposition to revoke the Plaintiff’s driver’s license (class 1 ordinary) against the Plaintiff on May 17, 2018.

(2) In light of the following facts: (a) the Plaintiff’s assertion as to the legitimacy of the disposition of this case, including the Plaintiff’s statement No. 1, No. 1, and Nos. 4 through 16, and the purport of the entire pleadings, the Plaintiff’s assertion as to the legitimacy of the disposition of this case as to whether the disposition of this case is lawful, is unlawful as a deviation from discretionary power, in view of the following: (b) the Plaintiff actively cooperates in the investigation into drinking driving; (c) the possibility and risk of criticism is low in light of the Plaintiff’s occupational characteristics; (d) the Plaintiff’s driver’s license is necessary; (e) the Plaintiff’s mother supports the Plaintiff; and (e) the Plaintiff’s support for drinking driving.

Judgment

Whether a punitive administrative disposition deviates from or abused the scope of discretionary power under the social norms shall be determined by comparing and balancing the degree of infringement on public interest and the disadvantages suffered by an individual as well as the degree of infringement on public interest by objectively examining the content of the act of violation, which is the reason for the disposition, and the public interest to be achieved by the relevant act of disposal, as well as all the relevant circumstances (see, e.g., Supreme Court Decision 98Du11779, Apr. 7, 200). In today’s rapid increase in automobiles and car driving licenses are also issued in large volume, and it is more necessary to strictly observe traffic regulations depending on the reduction of traffic conditions. In particular