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(영문) 제주지방법원 2018.01.17 2017구합637
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. A Plaintiff holding a Class 1 ordinary driver’s license on April 2, 2017, while under the influence of alcohol of 03:20% on blood alcohol level, the Plaintiff driven a car B with approximately 50 meters section from the new Jeju public parking lot that is linked at Jeju to the same scarphke hotel to the same scarphakke hotel.

B. On April 13, 2017, the Defendant issued a disposition revoking the Plaintiff’s Class I ordinary driver’s license on the ground of the above drunk driving (hereinafter “instant disposition”).

【Ground of recognition】 The fact that there has been no dispute, entry in the evidence Nos. 1 through 14, the purport of whole pleading

2. Whether the instant disposition is lawful

A. Considering the short distance of the Plaintiff’s assertion, the driver’s license is essential due to its nature, and the circumstances requiring the driver’s license for the treatment of old-age hospitals suffering from dementia, etc., the instant disposition is more unfavorable than the public interest to be gained due to the instant disposition, and thus, is erroneous in the misapprehension of discretionary authority.

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

C. 1) Determination of whether a punitive administrative disposition deviatess from or abused the scope of discretion under the social norms ought to be made by objectively examining the content of the offense, which is the reason for the disposition, the public interest achieved by the relevant disposition, and all the relevant circumstances, etc., by comparing and balancing the degree of infringement on the public interest and the disadvantages that an individual may suffer from the disposition (see, e.g., Supreme Court Decision 98Du11779, Apr. 7, 2000). In a case where the disposition standards are prescribed by Presidential Decree or Ordinance of the Ministries, the disposition standards per se do not conform to the Constitution or laws, and unless there are reasonable grounds to believe that the disposition is considerably unreasonable in light of the content of the offense, which is the reason for the disposition, and the content and purport of the relevant statutes, the disposition has

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