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(영문) 수원지방법원 2020.06.10 2020구단1227
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 4, 2019, at around 23:31, the Plaintiff driven a 100-meter section in front of the 0.09% alcohol level, from the water level in the area where the Plaintiff was under the influence of alcohol at 0.09% and from the water level in the area where the area is located in the area where the area is located in the area where the area is located in the area where the area is located in the area where the area is located in the area where the area is located in the area where the area

B. On December 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. On December 22, 2019, the Plaintiff filed an administrative appeal against the instant disposition. However, the Central Administrative Appeals Commission dismissed the Plaintiff’s request for administrative appeal on February 11, 2020.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 15, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The main point of the Plaintiff’s assertion is that the distance of the vehicle driving is relatively short of 800 meters due to the Plaintiff’s drinking driving, and the distance of the vehicle is relatively short, since the Plaintiff acquired the Plaintiff’s driver’s license, there is no history of causing traffic accidents or driving under influence for about 11 years, and the Plaintiff is expected not to drive under the influence of alcohol again, and it is currently against and again not to drive under the influence of alcohol. In light of the fact that the Plaintiff currently has been in the dispute resolutionC and is in need of a driver’s license in terms of its business characteristics, and that the Plaintiff’s family, including the Plaintiff’s bad mother with health, etc., the instant disposition should be revoked as it is in violation of the law that has abused

B. Determination 1 whether a punitive administrative disposition deviatess from or abused the scope of discretion by social norms or not is the degree of infringement of public interest by objectively examining the content of the violation as the grounds for the disposition, the public interest to be achieved by the relevant disposition, and all relevant circumstances.

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