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(영문) 수원지방법원 2020.07.03 2020구단1678
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 28, 2019, the Plaintiff, while under the influence of alcohol of 0.165%, driven a non-reported-wheeled vehicle without a license plate, from a non-permanent place in Gwanak-gu in Seoul Special Metropolitan City to a previous road in the same Gu B, the Plaintiff: (a) concealed a motor vehicle on three-lanes; (b) led the motor vehicle going beyond the road to the right side of the motor vehicle standing on the left side while going beyond the road; and (c) sustained injury for the victim who was accompanied by the maternal-learning motor vehicle to the right side of the motor vehicle for about two weeks.

B. On December 27, 2019, the Defendant issued a disposition revoking each driver’s license stated in the purport of the claim against the Plaintiff on the ground that the Plaintiff had injured the Plaintiff due to a traffic accident while driving a drunk (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 March 3, 2020.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 17, 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 alcohol, the Plaintiff’s self-employed and will not drive alcohol again, and the Plaintiff is providing insurance services for transportation business as a self-employed person. However, if a driver’s license is revoked due to a large number of days to move to a vehicle due to business characteristics, it is difficult to perform his/her duties, and there is a lot of restrictions on job-seeking activities if the Plaintiff is unable to perform his/her duties, and if he/she fails to perform his/her duties due to a delay in the Plaintiff’s disability, there is a need to support the aged parents. Considering the fact that the instant disposition is excessive to the Plaintiff, and thus, it should be revoked.

B. The scope of discretionary power is determined by social norms.

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