(영문) 수원지방법원 2020.10.30 2020구단3414

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(영문) 수원지방법원 2020.10.30 2020구단3414

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 May 12, 2020, the Plaintiff, while under the influence of alcohol at 0.166% of alcohol level on May 12, 2020, driven 20 meters of the volume from the front of a restaurant located in Seocheon-gu, Seocheon-si C to the front of Seocheon-si E-si.

B. On May 22, 2020, the Defendant issued a disposition to revoke each driver’s license stated in the claim 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 July 14, 2020.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3, Eul evidence 1 to 12, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. At the time of the gist of the Plaintiff’s assertion, the Plaintiff served as an agent after drinking with the people of service organizations. In light of the fact that the vehicle is parked on the restaurant parking lot, and the agent is parked on the restaurant parking lot, so that the vehicle is parked, and the distance of the vehicle is very short, and the Plaintiff is going against and again not to drive under drinking, and the Plaintiff is making a drinking again; the Plaintiff is a self-employed business operator engaged in cleaning business, who is engaged in cleaning business, carrying the main duty into the vehicle and cleaning the building into two groups, and thus, the performance of duties is impossible and the cancellation of the driver’s license is revoked, and it is difficult to perform duties, and the Plaintiff’s spouse and three children should be able to support, and the loan should also be repaid. In light of the fact that the disposition of this case is unlawful by abusing discretion too harshly by the Plaintiff, and thus, it should be revoked.

(b) judgment 1 sanctions.

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