logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울행정법원 2017.09.27 2017구단25536
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 April 15, 2017, at around 01:40, the Plaintiff driven a K5-car while drunk in front of Geumcheon-gu Seoul, Geumcheon-gu, Seoul, and was exposed to the drinking control, and was asked to take a drinking test on three occasions, but refused to comply therewith.

(hereinafter “instant refusal of drinking alcohol measurement”). (b)

On June 8, 2017, the Defendant rendered a disposition to revoke the Plaintiff’s driver’s license (class 1 common) on the ground of the Plaintiff’s refusal to measure alcohol in this case (hereinafter “instant disposition”).

C. The Plaintiff dissatisfied with the instant disposition and filed an administrative appeal with the Central Administrative Appeals Commission on June 20, 2017, but was dismissed on July 18, 2017.

【Ground of recognition】 The fact that there has been no dispute, Gap 1, 10 evidence, Eul 4 through 9, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion that ① the plaintiff did not cause any accident or personal or material damage caused by the accident, ② The ordinary court judged that the substitute engineer was not so drinking on the day when returning home, ③ the police officer took improper actions against the demand for the remaining drinking alcohol measurement in the situation where the police officer was called out with others, ④ the plaintiff is working as a trade company's member, and ④ the plaintiff is working as a trade company's member, and the disposition in this case seems to have become final and conclusive, and further his family's livelihood is difficult, the disposition in this case exceeded the scope of discretion or abused discretionary power.

B. Whether the instant legal disposition exceeds the scope of discretion under the social norms, or abused discretion, is the ground for the disposition. The degree of infringement on the public interest and the relevant disposition by objectively examining the content of the offense committed as the ground for the disposition, the public interest to be achieved by the relevant disposition, and all relevant circumstances.

arrow