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(영문) 서울고등법원 2017.09.29 2017누41230
자동차운전면허취소처분취소
Text

1. The judgment of the court of first instance is modified as follows.

Defendant limited to the Plaintiff on October 18, 2016.

Reasons

1. Details of the disposition;

A. On October 18, 2016, the Defendant issued a disposition to revoke the Plaintiff’s license for Class I large vehicles, Class I ordinary vehicles, Class I special vehicles (large-scale vehicles, salvage vehicles), Class II small-sized vehicle driving vehicles as of October 27, 2016, on the ground that the Plaintiff driven a C-wheeled vehicle in front of the H restaurant located in Gwangju City, while under the influence of alcohol of 0.140% on September 11, 2016.

(hereinafter “Disposition in this case”). / [Grounds for recognition] without dispute, Gap evidence 1, Eul evidence Nos. 4 through 8, the purport of the whole pleadings

2. The legality of disposition.

A. In light of the Plaintiff’s driving power and the circumstance of drinking, etc., the Plaintiff’s instant disposition was excessively harsh to the Plaintiff, thereby abusing and abusing discretion. The Plaintiff’s driver’s license was revoked, and thus, it is difficult for his parents and two children to support the Plaintiff in a position to be removed or removed from the workplace.

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

C. 1) Determination of whether a punitive administrative disposition deviates from or abused the scope of discretion by social norms ought to be made by comparing and balancing the degree of infringement on public interest and the disadvantage suffered by an individual by objectively examining the content of the violation, which is the reason for the disposition, and the public interest to be achieved by the relevant disposition, and all the circumstances pertaining thereto, etc.

(B) In principle, in a case where a person who has obtained multiple types of driver's license (see, e.g., Supreme Court Decision 98Du11779, Apr. 7, 2000) and the revocation or suspension thereof, it is deemed as separate from one another. However, in a case where the grounds for revocation does not relate to a specific license, but is common to another license, or is related to a person who has obtained a driver's license, all of the licenses may be revoked (see, e.g., Supreme Court Decision 95Nu850, Nov. 16, 1

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