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(영문) 수원지방법원 2019.05.17 2019구단341
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 October 27, 2018, the Plaintiff, while under the influence of alcohol at 0.113% of alcohol level, driven a BS halog car, and driven from D in the front of Pyeongtaek-si to F in the same city E from D in the same city. During that process, the Plaintiff caused an accident where the Plaintiff was parked in the vicinity of the said D, and caused an accident of shocking the upper part of the driver’s line.

B. On November 10, 2018, the Defendant issued a disposition revoking the first-class 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 0.1% (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 December 18, 2018.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 5, Eul evidence 1 to 14, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The purport of the Plaintiff’s assertion is against the Plaintiff, and the Plaintiff is going to not drive under the influence of alcohol again, and the Plaintiff has to move from the company to the new business purchasing team and move to the business place and the singing place. The distance from the Dong coal to the company located in Pyeongtaek-si, the residence of which is 39 km, to the company where the license is revoked and thus the performance of duties is impossible, and the Plaintiff is responsible for his family’s livelihood. In light of the above, the instant disposition should be revoked because it is too harsh to the Plaintiff, thereby abusing the discretion.

B. Whether a punitive administrative disposition deviates from or abused the scope of discretion by social norms, the substance of the offense as the ground for the disposition, the public interest to be achieved by the relevant disposition, and all the circumstances pertaining thereto.

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