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(영문) 인천지방법원 2020.05.26 2020구단548

자동차운전면허취소처분취소

Text

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 December 8, 2019, at around 00:38, the Plaintiff driven B vehicles while under the influence of alcohol with 0.104% alcohol content.

B. Accordingly, on December 14, 2019, the Defendant rendered a notice of revocation of a driver’s license (class 1 ordinary and class 2 ordinary) to the Plaintiff.

(hereinafter “instant disposition”). C.

The administrative appeal filed by the Plaintiff against the instant disposition was dismissed on February 18, 2020.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 5, Eul evidence 1 to 7, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion was used as an agent for ordinary driving at the time of the instant case. At the time of the instant case, an agent for a vehicle parked underground but was not a substitute for driving to easily drive the vehicle on the ground, and driving the vehicle as above.

The surface of the water shall be withdrawn from the vehicle after stopping.

In light of the fact that the Plaintiff was driving from Seoul to Incheon because of the same day, the Plaintiff was driving from Seoul, without any damage caused by the driving under the influence of alcohol in this case, and actively cooperated in the detection of drunk driving, such as confession, etc., the driver’s license is absolutely absolutely necessary for the daily and part-time work (delivery of laundry and removal and delivery of group uniforms), the maintenance of livelihood, family support (one parent’s family), difficulty in debt redemption, and the Plaintiff is a university student, and the Plaintiff is difficult to be a recipient of basic living, etc., the instant disposition is considerably larger than the disadvantage of the Plaintiff that is infringed on the public interest to be achieved, and thus, it is unlawful by abusing its discretionary power.

B. Determination 1 whether a punitive administrative disposition deviatess from or abused the scope of discretion by social norms shall be objectively deliberated on the content of the violation, which is the reason for the disposition, the public interest to be achieved by the relevant disposition, and all relevant circumstances, and thereby be at a disadvantage that an individual suffers from such disposition.