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(영문) 수원지방법원 2021.02.19 2020구단4462

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 June 30, 2020, while under the influence of alcohol at around 22:09, the Plaintiff driven BKan-kn-kn-kn-kn-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k

B. On August 15, 2020, the Defendant issued a disposition revoking Class 1 ordinary driver’s license against the Plaintiff on the ground that the Plaintiff had injured the Plaintiff 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 October 13, 2020.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 2, 3, Eul evidence Nos. 1 to 13, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The purport of the Plaintiff’s assertion is against the Plaintiff, and the Plaintiff would not drive drinking again.

In light of the fact that the Plaintiff is in need of driving due to the characteristics of the work, while serving in the position of managing the electrical construction site, and the cancellation of the driver’s license is difficult to perform its principal duties and is in the position to discontinue work, and the Plaintiff is obliged to support his spouse and children, the instant disposition should be revoked because it is too harsh to the Plaintiff and is in violation of the law of deviation and abuse of discretionary power.

B. 1) Determinations as to whether a punitive administrative disposition deviatess from or abused the scope of discretionary power in light of social norms shall include the content of the offense on which the disposition was based, the public interest to be achieved by the relevant disposition, and all the circumstances pertaining thereto.