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(영문) 서울행정법원 2015.08.28 2015구단4672
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 September 6, 2014, the Plaintiff was subjected to a disposition of revocation of a driver’s license (Class 1 ordinary and B) due to a drunk driving with a blood alcohol level of 0.123% on a condition that he/she was mitigated from the disposition of suspension for 110 days (from October 25, 2014 to February 11, 2015) through an administrative appeal.

B. On January 18, 2015, when the above suspension period was over 10:14, the Plaintiff driven CA car, and on February 24, 2015, the Defendant issued a disposition to revoke the Plaintiff’s above driver’s license pursuant to Article 93(1)19 of the Road Traffic Act (hereinafter “instant disposition”).

C. The Plaintiff filed an administrative appeal against the instant disposition, but the Central Administrative Appeals Commission dismissed it on March 24, 2015.

[Ground of recognition] Facts without dispute, Gap 1, Eul 1, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. In light of the Plaintiff’s failure to know that the suspension period of the Plaintiff’s alleged driver’s license was in progress, and the instant disposition causes a family’s livelihood difficult, etc., the instant disposition is an unlawful disposition that deviates from and abused the discretion, since the Plaintiff’s disadvantage is excessively high compared to the public

(b) Entry in the attached Form of relevant Acts and subordinate statutes;

C. The following circumstances are acknowledged by the evidence and evidence Nos. 7 and 9 as seen earlier. In other words, in the relevant criminal case, the Plaintiff stated to the effect that “The Plaintiff was able to drive an cerebral blood with the knowledge of the fact that the Plaintiff was unable to drive a driver’s license during the period of suspension,” and that it is difficult to believe that the Plaintiff was unaware of the fact that the Plaintiff was able to drive a cerebral blood with the knowledge of the fact that she was able to drive a her driver’s license during the period of suspension, ② the Plaintiff, who was subject to the disposition of suspension of 110 days prior to the instant case, was reduced by the disposition of suspension of license due to the consideration of all circumstances, etc., the Plaintiff was able to drive her without the knowledge

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