(영문) 수원지방법원 2020.11.20 2020구단3667

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Reasons

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(영문) 수원지방법원 2020.11.20 2020구단3667

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 March 15, 2020, the Plaintiff, while under the influence of alcohol at 01:43% of blood alcohol level, driven a B SP car at 0.137% of alcohol level, and driven 300 meters of water level from the PP C through D to the front of the same Gu in Suwon-si.

B. On April 8, 2020, the Defendant issued a disposition revoking the Class II 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 July 14, 2020.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3, Eul evidence 1 to 11, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. In light of the purport of the Plaintiff’s assertion that no personal or material damage has occurred due to the Plaintiff’s drinking driving, and the distance of driving is relatively short, the Plaintiff’s self-driving is going against and again, and the Plaintiff is expected not to drive under the influence of alcohol. In light of the fact that the Plaintiff’s driver’s license is revoked because of the high occupational mobility due to his occupation while on duty, it is difficult to perform his duties, and the Plaintiff’s living expenses and various expenses should be provided, and thus, the instant disposition is revoked because it is too harsh to the Plaintiff, thereby abusing or abusing the discretion.

B. Determination 1 whether a punitive administrative disposition deviatess from or abused the scope of discretion by social norms or not shall be determined by comparing and balancing the degree of infringement on public interest and the disadvantages suffered by an individual due to the disposition, by objectively examining the content of the offense as the grounds for the disposition, the public interest to be achieved by the relevant disposition, and all the relevant circumstances. In such a case, the criteria for punitive administrative disposition shall be

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