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(영문) 수원지방법원 2020.05.22 2020구단682
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 3, 2019, at around 02:10, the Plaintiff driven B rocketing car under the influence of alcohol by 0.225%, and 80 meters from the front of the D cafeteria located in Suwon-gu, Suwon-si C to the front of the 3 public parking lot at the entrance of the Suwon-si.

B. On October 1, 2019, 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 0.08%, 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 14, 2020.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3, Eul evidence 1 to 15, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The summary of the Plaintiff’s assertion is relatively short of the distance from driving a motor vehicle due to the Plaintiff’s drinking driving, the Plaintiff did not cause a traffic accident for about 18 years since the Plaintiff acquired the Plaintiff’s driver’s license, or did not drive a motor vehicle again, and the Plaintiff is working in the E-City Sports Association, and the Plaintiff is working in the Republic of Korea. When holding a national competition, the Plaintiff shall visit the venue to attract the players from E-learning, and the Plaintiff is in the position of having to stop his/her business if the driver’s license is revoked due to the relation that is frequent in the area of the vehicle for the management of instructors in the district and support for school sports. Considering that the Plaintiff’s body is not good and thus, the instant disposition should be revoked because it constitutes an abuse of discretionary authority by excessively harshly abusing the Plaintiff.

B. Determination 1 punitive administrative disposition is socially accepted.

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