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(영문) 대구지방법원 2019.12.06 2019구단2157
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 July 15, 2019, the Defendant issued a disposition to revoke the Plaintiff’s driver’s license (Class 1 ordinary) as of August 17, 2019 (hereinafter “instant disposition”) on the ground that the Plaintiff driven D vehicles under the influence of alcohol with a blood alcohol concentration of 0.150% on the front of the Ccafeteria located in the north-gu B cafeteria at Port on June 22, 2019 (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 September 10, 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. Since the Plaintiff’s assertion obtained a driver’s license on October 16, 191, the Plaintiff safely driven without traffic accident or alcohol driving for about 29 years, and the flow of traffic or the occurrence of traffic accidents caused by the driving under the influence of alcohol, the Plaintiff’s driver’s license is necessary for the Plaintiff’s maintenance of livelihood, the Plaintiff’s family support and debt repayment are very difficult due to the instant disposition, the Plaintiff’s donation and volunteer service was made in a usual manner, and the Plaintiff would not drive under the influence of alcohol again. In light of the above, the instant disposition is excessively harsh to the Plaintiff, and thus, the Plaintiff’s discretion was abused and abused.

B. Determination 1 as to whether a punitive administrative disposition deviates from or abused the scope of discretion by social norms ought to be determined by comparing and balancing the degree of infringement on public interest and the disadvantages suffered by 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.

In addition, the criteria for the disposition of Ordinances are.

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