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(영문) 수원지방법원 2020.07.17 2020구단1937
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 January 10, 2020, at around 22:15, the Plaintiff driven B K7 car while under the influence of alcohol of 0.138%, and 300 meters from D road in Ansan-si C to E ahead of the road.

B. On February 8, 2020, the Defendant issued a disposition revoking the Class II 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 March 31, 2020.

[Ground of recognition] Facts without dispute, 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 summary of the Plaintiff’s assertion is relatively short of the distance from driving a motor vehicle without causing personal injury or driving a motor vehicle for about 23 years since the Plaintiff acquired the Plaintiff’s driver’s license, and there is no history of causing a traffic accident or driving a motor vehicle for drinking for about 23 years, and the Plaintiff is currently going against and is going not to drive a motor vehicle again, and the Plaintiff is operating a dental house. The Plaintiff directly purchases food materials every day, and the delivery is made directly by the Plaintiff. After the completion of the business, employees who are difficult to use public transportation and the part-time students must return home with the vehicle. Upon the cancellation of the driver’s license, the driver’s license is in the position where the employee must be dismissed, and the Plaintiff should have to support his spouse and children, have to pay living expenses, education expenses, etc., and so the instant disposition should be revoked because it constitutes an unlawful act of abuse of discretion by excessively harshing the Plaintiff.

B. The scope of discretionary power is determined by social norms.

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