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(영문) 수원지방법원 2020.06.05 2020구단323
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 September 26, 2019, the Plaintiff, while under the influence of alcohol at 0.248% of alcohol level around 21:00, driven a B-low-scale car, and driven a 3.4 km from the front day of D located in Sungnam-si C, Sungnam-si, to the front day of F-university E located in Sungnam-si E.

B. On October 15, 2019, the Defendant issued a disposition to revoke 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 0.08%, which is the base value for revocation of the 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 request for administrative appeal on December 17, 2019.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3, Eul evidence 1 to 14, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The summary of the plaintiff's assertion is relatively short of the distance of driving without causing any personal injury or injury due to the plaintiff's drinking driving, the plaintiff's acquisition of the driver's license that caused a traffic accident for about five years, has no record of driving under influence, and the plaintiff is expected not to drive under the influence of alcohol again, and the plaintiff is going to attend a university hospital as an employee of medical device business, and operate and deliver medical appliances again, and in this regard, the plaintiff must make a trip to the area of Gyeonggi-do and the meast Gwangju-gu, with a large volume of equipment and medical consumption, so if the driver's license is revoked, it is impossible to perform his/her duties and it is possible to discontinue his/her duties. Considering the fact that the plaintiff has to gather his/her father's parents and bear medical expenses due to the recent health problems, and the repayment of school loans and loans should be made, the disposition of this case is unlawful by abusing discretion by excessively deviating from the plaintiff.

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