(영문) 수원지방법원 2020.01.10 2019구단3944

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(영문) 수원지방법원 2020.01.10 2019구단3944

자동차운전면허취소처분취소

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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 1, 2019, at around 01:40, the Plaintiff, while under the influence of alcohol of 0.161% a blood alcohol level, driven B benz car from the Seo-dong, Seonam-si to the point of 10km from the Seognnam-si, Cheongnam-si to the point of 121.5km from the Seognnam-si, Cheongnam-si, Seoul, Cheongdong-dong, the Plaintiff caused a traffic accident that shocks the right side protection wall of the said road by the front part of the Plaintiff’s front part.

B. On July 2, 2019, 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 0.1% (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 1, 2019.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 5, Eul evidence 1 to 15, 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 has no history of traffic accident or driving under the influence of alcohol for about 14 years since the Plaintiff acquired the Plaintiff’s driver’s license, and is expected not to drive under the influence of alcohol again against the present, and the Plaintiff is the veterinarian of the Emergency Medical Center of Large Medical Center. The Plaintiff is a veterinarian of the Emergency Medical Center of the Emergency Medical Service of the Republic of Korea for at least 13 hours a day, where there is an emergency operation, etc. while working for at least 4 times a day, there is a lot of time to wait during night and where there is a large number of time, and where there is a public transport from home to the veterinary hospital, it is difficult to perform duties when the driver’s license is revoked, and it is at the location where it is necessary to terminate the license, and thus, the instant disposition is revoked.

B. Whether the first punitive administrative disposition deviates from or abused the scope of discretion by social norms.

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