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(영문) 인천지방법원 2020.06.19 2020구단760
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 December 1, 2019, at around 03:53, the Plaintiff driven B vehicles under the influence of alcohol concentration of 0.124% on the street in front of the Southern-gu Incheon Metropolitan City Yandong-gu, and was discovered to police officers.

B. On December 12, 2019, the Defendant rendered a decision to revoke the first-class ordinary license by applying Article 93(1)1 of the Road Traffic Act to the Plaintiff on the ground that the Plaintiff was driving under influence of alcohol as above.

(hereinafter “instant disposition”). C.

On January 3, 2020, the Plaintiff filed an administrative appeal with the Central Administrative Appeals Commission, but was dismissed on February 18, 2020.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3, Eul evidence 1 to 11, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. Considering that there is no damage caused by the Plaintiff’s alleged drunk driving, the law has been observed and driven without an accident or force of drunk driving for 12 years after obtaining a driver’s license, the use of a usual acting driving, the police officer’s active cooperation in the investigation of the police officer, the Plaintiff’s occupation requires the driver’s license for living, and the Plaintiff is obliged to support her mother, etc., the instant disposition is considerably more unfavorable than the public interest that the Plaintiff would incur, and thus, should be revoked.

(b) as shown in the attached Form of the relevant statutes.

C. 1) Whether a punitive administrative disposition deviatess from or abused the scope of discretion by social norms should be determined by comparing and balancing the degree of infringement of public interest and disadvantages suffered by individuals by objectively examining the content of the offense, which is the reason for the disposition, the public interest to be achieved by the relevant disposition, and all the relevant circumstances (see, e.g., Supreme Court Decision 98Du11779, Apr. 7, 2000; 98Du11779, Apr. 7, 2000; 200.

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