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(영문) 수원지방법원 2021.01.27 2020구단4059
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 June 14, 2020, at around 04:50, the Plaintiff driven a Clater under the influence of alcohol leveling 0.169% of alcohol level in the section of about 10km from the 10km to the roads near Annyang-si, Mayang-si, Annyang-si, Annyang-si, Annyang-si, Annyang-si, to the roads near Annyang-si B.

B. On July 1, 2020, the Defendant issued a disposition to revoke the Plaintiff’s Class 1 and Class 1 ordinary driver’s license (hereinafter “instant disposition”) on the ground that the Plaintiff was under the influence of alcohol with a level of at least 0.08% in blood, which is the base value for revocation of license (hereinafter “instant disposition”).

(c)

The Plaintiff filed an administrative appeal against the instant disposition, but the Central Administrative Appeals Commission dismissed the Plaintiff’s administrative appeal on August 25, 2020.

[Grounds for Recognition] Unsatisfy, Gap evidence Nos. 1 through 5, Eul evidence Nos. 1 through 12, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The distance of driving under the influence of alcohol is relatively short, and the Plaintiff has actively cooperated with the investigation and investigation of this case, it is against the present situation, and is not driving under the influence of alcohol again.

In light of the fact that the driver's license is revoked when the driver's license is required due to the Plaintiff's occupation (transport business) characteristics, the termination of the Plaintiff's family's livelihood is difficult, and the instant disposition is too harsh to the Plaintiff, and thus, it should be revoked.

B. 1) Determination of whether a restrictive administrative disposition of the relevant legal doctrine deviatess from or abused the scope of discretion ought to be made by objectively examining the content and degree of the offense of inducement of the disposition, the necessity of public interest to be achieved by the disposition, the disadvantage to be borne by an individual, and all relevant circumstances, etc., and comparing and determining the degree of infringement of public interest and the disadvantage to be borne by an individual.

Such a restrictive administrative measure.

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