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(영문) 인천지방법원 2018.05.15 2018구단50250
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 November 3, 2017, the Plaintiff driven B vehicles while under the influence of alcohol at around 21:08, with a blood alcohol concentration of 0.111%.

B. Accordingly, on November 24, 2017, the Defendant issued a revocation disposition of a driver’s license (Class I ordinary) against the Plaintiff (hereinafter “instant disposition”).

[Ground of recognition] Facts without dispute, entry of Eul's evidence Nos. 1 through 5, purport of the whole pleadings

2. Whether the instant disposition is lawful

A. Taking into account the Plaintiff’s assertion, the circumstances leading up to driving under the influence of alcohol in this case are very short of 30 cm, and the brea disc becomes worse, making it impossible to use public transportation, and making no human life damage and physical damage only minor, etc., the instant disposition exceeded the scope of discretion or abused discretion.

B. Determination 1 as to whether an administrative disposition exceeds the scope of discretion under the social norms or abused discretionary power ought to be determined by comparing and balancing the degree of infringement on public interest and the disadvantages suffered by an individual due to the relevant administrative disposition by objectively examining the content of the offense committed as the ground for disposition, the public interest to be achieved by the relevant administrative act, and all relevant circumstances.

In this case, even if the criteria for disciplinary administrative disposition are prescribed in the form of Ministerial Ordinance, it is nothing more than that prescribed in the administrative affairs rules inside the administrative agency, and thus, it is not effective externally to guarantee citizens or courts. Whether such disposition is legitimate or not must be determined in accordance with the contents and purport of the relevant Acts and subordinate statutes, not only the above disposition criteria,

Although the disposition can not be said to be legitimate, the disposition itself does not conform with the Constitution or the law, or a punitive administrative disposition according to the above disposition disposition is imposed, and the contents of the violation and the relevant laws and regulations.

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