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(영문) 의정부지방법원 2018.07.10 2018구합13075

운전면허취소처분 취소청구의 소

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 January 21, 2018, while under the influence of alcohol at 03:10% of blood alcohol level, the Plaintiff driven B B B benz car from the Hanyang-gu Nowon-gu, Goyangyang-gu, Goyangyang-si, Goyang-si, to the unification of Automatic materials in Goyang-gu, Goyang-si, Goyang-si, Goyang-si, Goyang-si, Goyang-si, Goyang-

Accordingly, on March 15, 2018, the Defendant rendered a disposition to revoke the Plaintiff’s driver’s license (class 1 square and class 1 ordinary) against the Plaintiff (hereinafter “instant disposition”) on April 16, 2018.

[Reasons for Recognition] In light of the facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 and 1 through 15, and the overall purport of the pleadings, the plaintiff's assertion as to the legitimacy of the disposition of this case is in violation of depth, and the plaintiff's driver's license is indispensable for livelihood as the plaintiff engages in the proxy driving business. The disposition of this case is illegal as abuse of discretion.

Judgment

Whether a disciplinary administrative disposition deviates from or abused the scope of discretion under the social norms shall be determined by comparing and balancing the degree of infringement on public interest and the disadvantages that an individual would have suffered by the disposition, by objectively examining the substance of the offense, which is the grounds for the disposition, and the public interest to be achieved by the relevant disposition, and all the circumstances leading to such disposition (see, e.g., Supreme Court Decision 98Du11779, Apr. 7, 200). If a disposition standard is prescribed by Presidential Decree or Ordinance of the Ministry, the disposition standard itself does not conform with the Constitution or Acts and subordinate statutes, or does not constitute abuse of discretion, unless there are reasonable grounds to recognize that an administrative disposition is considerably unreasonable in light of the content of the offense, which constitutes the grounds for the disposition, and the content and purport of the relevant Acts and subordinate statutes (see, e.g., Supreme Court Decision 2007Du6946, Sept. 20, 207).