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(영문) 수원지방법원 2018.06.20 2018구단1125
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. The Plaintiff is driving a motor vehicle under the influence of alcohol level 0.189% on November 24, 1991 after obtaining a Class II ordinary driver’s license on November 24, 1994.

On September 2, 2002, a driver's license has been revoked by causing a traffic accident, and a second-class ordinary driver's license (B) has been acquired again on September 2, 2002, and on October 1, 2017, a driver is driving CM7 car while under the influence of alcohol at 0.156% of blood alcohol concentration from the 3rd distance from the Gicheon-dong Sucheon-dong, Suwon-si, Pungcheon-si, 201.

In the above signal atmosphere, the vehicle from the Aburged Aburg-turged vehicle was shocked and caused two traffic accidents, such as light salt, tension, etc. to the two persons.

B. On November 3, 2017, the Defendant rendered a disposition to revoke the driver’s license stated in the preceding paragraph as of November 23, 2017 (hereinafter “instant disposition”) by applying Article 93(1)1 of the Road Traffic Act on the ground of the drunk driving as stated in the preceding paragraph and the traffic accident.

C. The Plaintiff appealed and filed an administrative appeal with the Central Administrative Appeals Commission, but was dismissed on February 27, 2018.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, 5, Eul evidence Nos. 1 to 14, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion is a company member who is unable to perform his duties due to the disposition of this case, and is in a position. The plaintiff must support two children of college students, and the plaintiff actively cooperates with the investigation agency and reflects against the disposition of this case, there is an error of deviation from discretion and abuse of discretion.

B. Determination 1 whether a punitive administrative disposition deviatess from or abused the scope of discretion by social norms or not shall be determined by comparing and balancing the degree of infringement on public interest and the disadvantages suffered by an individual due to such disposition, by objectively examining the content of the offense as the grounds for the disposition, the public interest to be achieved by the relevant disposition, and all the relevant circumstances.

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