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(영문) 수원지방법원 2019.04.05 2018구단4582
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 September 4, 2018, at around 23:10, the Plaintiff driven a B rocketing car while under the influence of alcohol of 0.148%, and 50 meters from a place below the commercial area in the luminous railway station at the same time to the front of the 5 luminous Police Station at the same time.

B. On September 27, 2018, the Defendant issued a disposition revoking the first-class ordinary driver’s license 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 October 30, 2018.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, 6, 29, Eul evidence Nos. 1 through 14, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. On September 4, 2018, the main point of the Plaintiff’s assertion is that the Plaintiff was a 10-meter drinking control while moving and waiting to move a vehicle, not for the main purpose of driving, on the one hand, while carrying out a travel travel with his/her employees and low-sponsing agency, but the agent did not find a path, and the Plaintiff was subject to drinking control. When the Plaintiff was in office as a business entity selling construction materials, he/she must directly deliver materials at the construction site and take measures, i.e., when he/she was in a place where he/she lost his/her occupation and is in a place where he/she is unable to maintain his/her livelihood. When the driver’s license is revoked, the instant disposition in question is revoked because it is so harsh that the Plaintiff abused discretion.

B. Whether a punitive administrative disposition deviatess from or abused the scope of discretion by social norms, the substance of the offense as the ground for the disposition, the public interest to be achieved by the pertinent disposition, and all the circumstances pertaining thereto.

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