(영문) 수원지방법원 2019.11.22 2019구단3289

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(영문) 수원지방법원 2019.11.22 2019구단3289

자동차운전면허취소처분취소

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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 March 9, 2019, at around 02:16, the Plaintiff driven the B-learning passenger car under the influence of alcohol level of 0.178%, and 100 meters from the underground parking lot of the C-building to the shooting distance in front of the D-dong of the said C-building at the time of harmony.

B. On April 12, 2019, the Defendant issued a disposition revoking the first-class ordinary driver’s license against the Plaintiff (hereinafter “instant disposition”) on the ground that the Plaintiff was under the influence of alcohol with a blood alcohol level of at least 0.1%, which is the criteria for revoking the license.

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 July 23, 2019.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3, Eul evidence 1 to 12, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The gist of the Plaintiff’s assertion is that no personal or material damage has occurred due to the Plaintiff’s drinking driving, the distance from driving under the influence of alcohol is relatively short, and since the Plaintiff acquired the Plaintiff’s driver’s license, the Plaintiff did not have any history of causing a traffic accident or driving under the influence of alcohol for about 20 years, and is going against the present and is going not to drive under the influence of alcohol again, and the Plaintiff is in charge of business as a project manager who conducts business from the automobile company planning to verify, conduct business and/or apply. Since the license is essential due to frequent night and business trips, the cancellation of the license is in the position where the performance of duties is impossible, and the Plaintiff is suffering from the “military air transit” and at the time of two copies, the disposition of this case must be revoked because the Plaintiff has excessively abused discretion.

B. Whether the first punitive administrative disposition deviates from or abused the scope of discretion by social norms.

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