logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2020.03.13 2019구단4596
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 June 27, 2019, at around 00:50, the Plaintiff driven a C A6 car parked on the front road of Daejeon Jung-gu, Daejeon, while under the influence of alcohol by 0.091%, and driven a 2-3m load.

B. On July 13, 2019, the Defendant issued a disposition revoking the first-class 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 October 22, 2019.

[Ground of recognition] Facts without dispute, Gap evidence 1, 12 evidence, Eul evidence 1 to 16, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The gist of the Plaintiff’s assertion is that the Plaintiff’s act of drinking alcohol and the Plaintiff’s act of driving a vehicle parked on a narrow side does not have the risk of causing a big traffic accident, the Plaintiff’s act of driving a vehicle parked on the wall, the Plaintiff’s act of going against and is going not to drive a drinking again, and the Plaintiff is going to stop driving again, and the Plaintiff is currently going to the head of the real estate sales team, and it is obviously difficult for the Plaintiff to seek a new workplace when the driver’s license is revoked, and the Plaintiff is obliged to support his spouse and children and pay the principal and interest of living expenses. In light of the above, the instant disposition is revoked because it is too harsh to the Plaintiff, thereby abusing the discretionary power.

B. Whether a punitive administrative disposition deviatess from or abused the scope of discretion by social norms, or whether it constitutes an abuse of discretionary power, shall objectively deliberate on the content of the violation as the grounds for the disposition, the public interest to be achieved by the relevant disposition, and all the circumstances complying with the disposition, thereby infringing the public

arrow