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(영문) 광주지방법원 2017.11.16 2017구단10749

자동차운전면허정지처분취소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of disposition;

A. On May 4, 2017, the Plaintiff, holding a Class I driver’s license, was driving C vehicles at the advanced district of the Gwangju Mine-gu to the road front of the same B&U-dong 694-7 T&U, under the influence of alcohol level of 0.107% under the influence of alcohol level on May 4, 2017.

B. On June 8, 2017, the Defendant issued a disposition revoking the Plaintiff’s first-class large driver’s license on the ground of the foregoing drunk driving (hereinafter “instant disposition”).

C. The Plaintiff dissatisfied with the instant disposition and filed an administrative appeal on June 12, 2017, but the claim was dismissed on July 11, 2017.

【Ground of recognition】 The fact that there is no dispute, Gap 1, 2, and Eul 1 through 5 (including paper numbers), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. In full view of the following facts: (a) the Plaintiff’s alleged occupational driver’s license is essential; (b) the mother with dementia symptoms should be nurseed; (c) the family members should support them; and (d) the simple drinking case that does not cause damage to the large person or large goods, etc., the instant disposition is more unfavorable than the public interest that may be gained due to the instant disposition; and (d) the instant disposition is deviating from and abusing the discretion.

(b) as shown in the attached Form of the relevant statutes;

C. 1) Determinations as to whether a punitive administrative disposition deviates from or abused the scope of discretion by social norms should be made by comparing and balancing the degree of infringement on public interest and the disadvantages suffered by individuals by objectively examining the content of the act of violation, which is the reason for the disposition, the public interest achieved by the act of disposition in question, and all relevant circumstances, etc. (see, e.g., Supreme Court Decision 98Du11779, Apr. 7, 2000). If the disposition standards are prescribed by Presidential Decree or Ordinance of the Ministry, the disposition standards per se are not in conformity with the Constitution or law, or are in line with the above disposition standards, and the relevant statutes and regulations

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