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(영문) 대전지방법원 2020.07.02 2020구단34
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 July 5, 2019, at around 23:10, the Plaintiff driven a Category C vehicle under the influence of alcohol level of 0.127% in front of the Seosan City, Seosan City, and had the driver of the said vehicle receive the back part of the D vehicle, which was in the traffic signal atmosphere, and suffered injury requiring two weeks of medical treatment.

B. On July 26, 2019, the Defendant rendered a disposition revoking the Plaintiff’s driver’s license (Class I ordinary) on the ground that the Plaintiff caused a traffic accident on one ordinary person while driving a motor vehicle (hereinafter “instant disposition”).

C. The Plaintiff dissatisfied with the instant disposition and filed an administrative appeal with the Central Administrative Appeals Commission, but was dismissed on December 10, 2019.

[Ground of recognition] The fact that there is no dispute, Gap's 1, 2, 5, Eul's 1 through 7, and the purport of whole oral argument

2. Whether the disposition is lawful;

A. In light of all circumstances, the Plaintiff’s assertion actively cooperated in police investigations after a traffic accident, 9-year driving experience, 5-km distance is relatively short, and the Plaintiff’s vehicle operation is essential to commute to and from work to and from work of a construction business employee, and there are financial difficulties, etc., the instant disposition exceeded the scope of discretion or abused discretionary power.

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

C. Determination 1 as to whether a punitive administrative disposition exceeds the scope of discretion under the social norms or abused discretionary power ought to be determined by comparing and balancing the degree of infringement on public interest and the disadvantages suffered by an individual due to such disposition by objectively examining the content of the offense committed as the grounds for the disposition, the public interest to be achieved by the relevant disposition, and all relevant circumstances.

In such cases, even if the criteria for punitive administrative disposition are prescribed in the form of Ordinance, it shall be prescribed in the administrative agency's internal administrative rules.

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