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(영문) 부산지방법원 2020.01.22 2019구단1931
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 June 27, 2019, the Plaintiff driven a C-crui-kin car while under the influence of alcohol content of 0.083% on the front of the Southern-gu Busan Southern-gu B.

(hereinafter referred to as “dacting driving of this case”). B.

On July 26, 2019, the Defendant rendered a disposition to revoke the Plaintiff’s first-class ordinary driver’s license pursuant to Article 93(1)1 of the Road Traffic Act (hereinafter “instant disposition”).

C. On July 26, 2019, the Plaintiff filed an administrative appeal seeking revocation of the instant disposition with the Central Administrative Appeals Commission, but the said claim was dismissed on September 10, 2019.

[Ground of recognition] The fact that there is no dispute, Gap evidence 1, 29, Eul evidence 1, 3, and 4 (including a number; hereinafter the same shall apply) and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that the Plaintiff was unable to feel a drink after drinking alcohol on the day immediately before the pertinent drunk driving, taking a night at least seven hours, and making it difficult for the Plaintiff to feel a drink.

The plaintiff has no record of being exposed to drunk driving before using a taxi or a proxy driving when drinking alcohol in the ordinary place.

The plaintiff is engaged in business management, and a driver's license is essential for business and commuting, the two parents' livelihood is supported, and the plaintiff bears a loan obligation to provide a residence for a de facto marriage spouse together with his/her spouse.

Therefore, if the disposition of this case is maintained, the livelihood of the plaintiff and his family will be endangered.

Considering these circumstances, given that the Plaintiff’s private interest infringed on the public interest that would be achieved by the instant disposition is considerably large, the instant disposition was deviates from and abused discretion.

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

C. The issue of whether a punitive administrative disposition exceeds the scope of discretion under the social norms or abused discretionary power is intended to be achieved by the content of the offense as the grounds for the disposition and the relevant dispositive act.

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