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(영문) 수원지방법원 2019.08.23 2019구단1702
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 January 27, 2019, at around 18:25, the Plaintiff driven a B rocketing car while under the influence of alcohol of 0.116%, and passed the intersection of a middle-day distance in 2660 as compared to the e-mail of e-mail, the Plaintiff received the part left behind the left-hand part of the Plaintiff’s fright-hand-hand-hand-hand-hand-on vehicle where the road was normally run on the road, and suffered the injury of two tropists in advance to the right-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-on vehicle.

B. On February 27, 2019, the Defendant issued a disposition revoking Class I ordinary and Class II ordinary drivers’ licenses against the Plaintiff on the ground that the Plaintiff had injured the Plaintiff due to a traffic accident (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 April 16, 2019.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3, Eul evidence 1 to 14, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The gist of the Plaintiff’s assertion is that the distance from which the Plaintiff was driven under the influence of alcohol is not much long, and the Plaintiff was recommended to this day while driving a taxi. Considering the fact that the Plaintiff, who did not have any special technology, only driving alone, is unable to seek another day if the license is revoked, and that the Plaintiff is obliged to support his family and redeem his liability, the instant disposition should be revoked because it is too harsh to the Plaintiff, and thus, constitutes an abuse of discretion.

B. Determination 1 whether a punitive administrative disposition deviatess from or abused the scope of discretion by social norms or not is the grounds for the disposition, and the degree of infringement of public interest and the disadvantage suffered by an individual due to the disposition, by objectively examining the content of the offense as the grounds for the disposition in question, the public interest to be achieved by the disposition in question,

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