logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2019.04.26 2019구단709
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 November 19, 2018, the Plaintiff, while under the influence of alcohol of 0.104% ( blood collection appraisal) from blood alcohol level around 04:50 on November 19, 2018, was driving from the front of Seocheon-si C in Busan. On the same day, the Plaintiff driven approximately 15km from the front of Dongjak-gu Seoul Metropolitan Government D until that day.

B. On December 12, 2018, the Defendant issued a disposition revoking the driver’s license stated in the purport of the claim against the Plaintiff on the ground that the Plaintiff was under the influence of alcohol with a blood alcohol level of at least 0.1%, which is the base value for revocation of the license (hereinafter “instant disposition”).

C. The Plaintiff filed an administrative appeal against the instant disposition, but the Central Administrative Appeals Commission dismissed the Plaintiff’s request for administrative appeal on January 22, 2019.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, Eul evidence 1 to 13, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The gist of the Plaintiff’s assertion does not cause any personal or material injury due to the Plaintiff’s drinking driving, the Plaintiff’s resistance, and the Plaintiff is expected not to drive a drinking again, and the Plaintiff is in charge of the business of delivering the fireworks to the restaurant by using the vehicle in the E market. When the driver’s license is revoked and the Plaintiff is unable to perform his/her duties, and the Plaintiff is in a position to retire from his/her workplace because he/she is unable to perform his/her duties; the Plaintiff’s family must support his/her family; the Plaintiff must support his/her family; the head of his/her family must share the expenses of his/her hospital in the convalescent hospital; and the repayment of his/her debt should be made. Therefore, the instant disposition should be revoked

B. Whether a punitive administrative disposition deviates from or abused the scope of discretion by social norms or not is objectively the content of the offense as the grounds for the disposition, the public interest to be achieved by the relevant disposition, and all other relevant circumstances.

arrow