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(영문) 의정부지방법원 2019.02.19 2018구합15576

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 May 9, 2018, at around 12:18, the Plaintiff driven CK5 vehicle with the 31m section from the street in front of the Guri-si B lending parking lot while under the influence of alcohol by 0.150%.

Accordingly, on June 12, 2018, the Defendant issued a disposition to revoke the Plaintiff’s driver’s license (class 1 ordinary) against the Plaintiff on June 30, 2018.

(2) The Plaintiff’s assertion as to the legitimacy of the disposition of this case is unlawful in light of the following facts: (a) there is no dispute; (b) Gap evidence No. 1; and (c) Eul evidence Nos. 4 through 9; and (c) the purport of the entire pleading as to the legitimacy of the disposition of this case; and (d) the Plaintiff’s assertion that the vehicle parked in front of the house would interfere with the passage of other vehicles; (b) the Plaintiff responded to the measurement of drinking by the police officer who was called upon the Plaintiff; (c) the Plaintiff’s driver’s license was revoked if the Plaintiff’s license was revoked; and (d) the Plaintiff’s family’s livelihood is difficult due to the revocation; and (e) the Plaintiff’s non-existence of the discretionary power

Judgment

Whether a punitive administrative disposition deviates from or abused the scope of discretion under the social norms should be determined by comparing and balancing the degree of infringement on public interest and the disadvantages suffered by an individual (see, e.g., Supreme Court Decision 98Du11779, Apr. 7, 2000) 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, and all the relevant circumstances (see, e.g., Supreme Court Decision 98Du11779, Apr. 7, 200). Since the rapid increase of motor vehicles and the number of driver's licenses are issued in large volume, the need to strictly observe traffic regulations due to the reduction of traffic conditions is growing, and in particular, the traffic accidents caused by drinking driving are very frequent and it is very important for the public interest to prevent