(영문) 수원지방법원 2019.10.11 2019구단1801

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(영문) 수원지방법원 2019.10.11 2019구단1801

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 January 11, 2019, at around 00:18, the Plaintiff driven a B-hand vehicle while under the influence of alcohol at a level of 0.122%, and 500 meters from the roads on the road in the Nowon-gu, Seocheon-si, Nowon-gu, and the front day of C at the same time.

B. On January 30, 2019, the Defendant issued a disposition revoking 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 0.1% (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 April 2, 2019.

[Ground of recognition] Facts without dispute, Gap evidence 2, 3, 4, 18, Eul evidence 1 to 14, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The purport of the Plaintiff’s assertion does not cause any personal or material injury due to the Plaintiff’s drunk driving, the Plaintiff’s acquisition of the driver’s license that caused a traffic accident for about 14 years, or that there is no history of driving under the influence of alcohol, and that the Plaintiff would not drive under the influence of alcohol again. The Plaintiff is engaged in the trading business of heavy and high-speed cargo, and the Plaintiff is in the position where the license is revoked because it is impossible to perform his/her duties, and the Plaintiff is obliged to support his/her spouse and child. In light of the fact that the Plaintiff’s license is revoked due to a large number of moving vehicles in the nature of his/her duties, the instant disposition should be revoked because it is too harsh to the Plaintiff, thereby abusing the discretion

B. Whether a punitive administrative disposition deviatess from or abused the scope of discretion by social norms, or whether it constitutes an abuse of discretionary power, shall objectively deliberate on the content of the violation as the grounds for the disposition, the public interest to be achieved by the relevant disposition, and all the circumstances complying with the disposition, thereby infringing the public

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