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(영문) 수원지방법원 2020.05.22 2020구단835
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 August 22, 2019, the Plaintiff, while under the influence of alcohol at 0.130% of alcohol level on August 22, 2019, driven BEN car at a level of 0.130%, and 100 meters from the front of Gwangju City, Gwangju City, Gwangju City, Gwangju-si, Gwangju-si, Gwangju-si, Gwangju-si, Jeju-si, Jeju-si, Jeju-si.

B. On September 18, 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 0.08%, 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 February 4, 2020.

[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 gist of the Plaintiff’s assertion is relatively short of the distance of 100 meters from the Plaintiff’s driving of alcohol, the Plaintiff did not have any history of causing traffic accidents or driving alcohol for about nine years since the Plaintiff’s acquisition of the driver’s license, and the Plaintiff is going to not drive alcohol again. The Plaintiff is working as a distributor, and the Plaintiff is working as a distributor, and when the driver’s license is revoked due to the nature of the business and the main business, the Plaintiff is at the home to take account of retirement, and the public transportation is 25 km from the home to the company, and it is difficult to commute to and from the workplace without driving a vehicle. Considering the fact that the distance of the vehicle is about 30 to 40 minutes, and it is difficult to commute to and from the workplace, the instant disposition is revoked because it is too harsh to the Plaintiff and constitutes an abuse of discretion.

B. Whether a punitive administrative disposition deviatess from or abused the scope of discretion by social norms, the substance of the offense as the ground for the disposition, the public interest to be achieved by the pertinent disposition, and all the circumstances pertaining thereto.

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