(영문) 수원지방법원 2021.02.19 2020구단4752

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Reasons

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(영문) 수원지방법원 2021.02.19 2020구단4752

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 July 24, 2020, the Plaintiff driven B Podon under the influence of alcohol level of 0.118% during blood around 00:20 on July 24, 2020, and 15 km from the front of the jun-dong, Gangnam-gu, Seoul, to the point of 24.2 km in the direction of Incheon of the Highway, which is the second 2 km in light of light.

B. On August 19, 2020, the Defendant issued a disposition to revoke the first-class ordinary driver’s license against the Plaintiff on the ground that the Plaintiff was driven while under the influence of alcohol more than 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 October 27, 2020.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 2, 3, Eul evidence Nos. 1 to 13, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The gist of the Plaintiff’s assertion is that since the Plaintiff acquired a driver’s license, there was no history of causing a traffic accident between about 21 years, or driving under drinking, and that the Plaintiff would not drive under the influence of drinking again.

In light of the fact that the plaintiff's main business as a self-employed in the IT sector is to deliver security equipment to the customers located in the region. The plaintiff's main business is to deliver the equipment to the customers who are in the region. Since the equipment to be supplied is so large that the driver's license is essential for the supply, if the driver's license is revoked, the main business is impossible to perform and it is in the situation where the driver's license is revoked, and the plaintiff should provide support to his spouse and child, the disposition in this case must be revoked because it is too harsh to the plaintiff, thereby abusing

B. 1) Determinations as to whether a punitive administrative disposition deviatess from or abused the scope of discretionary power in light of social norms shall include the content of the offense on which the disposition was based, the public interest to be achieved by the relevant disposition, and all the circumstances pertaining thereto.

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