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(영문) 대구지방법원 2019.06.28 2019구단489
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 23, 2018, the Defendant issued a disposition revoking the Plaintiff’s driver’s license (class 1 ordinary, class 2 motor vehicles) as of December 30, 2018 (hereinafter “instant disposition”) on the ground that, around 00:25 on November 10, 2018, the Plaintiff driven a vehicle under the influence of alcohol level 0.134% in front of a kimchi factory located on the Gyeongbuk-gun’s national highway at the Gyeong-gun’s parking lot located in B, and on the ground that the Plaintiff driven a vehicle under the influence of alcohol level 0.134% (hereinafter “instant drinking driving”).

B. The Plaintiff filed an administrative appeal against the instant disposition, but the Central Administrative Appeals Commission rendered a ruling dismissing the Plaintiff’s claim on January 22, 2019.

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

2. Whether the instant disposition is lawful

A. The plaintiff asserted that the plaintiff is preparing for the purpose of the post office's home delivery source with the date of the post office's financial security service. When the driver's license is revoked, the security service cannot be provided, and the preparation must be waived, and the plaintiff has to safely drive the vehicle for about 15 years after the plaintiff acquired the driver's license without the traffic accident or the influence of drinking driving, the flow of traffic caused by the drinking driving of this case has not been impeded or the accident has not occurred, due to the disposition of this case, the plaintiff and his family members supported by the plaintiff are very difficult to maintain their livelihood, and the disposition of this case is against the plaintiff's depth, so the disposition of this case is too harsh to the plaintiff, and thus, it constitutes a deviation and abuse

B. Whether a punitive administrative disposition deviates from or abused the scope of discretion by social norms, the degree of infringement of public interest and the disposition are an individual by objectively examining the content of the violation, which is the reason for the disposition, the public interest to be achieved by the relevant disposition, and all relevant circumstances.

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