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(영문) 서울행정법원 2020.01.08 2019구단18143
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 May 24, 2019, the Plaintiff: (a) while under the influence of alcohol 0.130% of alcohol level 0.130% on the front of the Gu on the road B before the Ansan-si (hereinafter “instant drunk driving”).

B. On June 27, 2019, the Defendant rendered a disposition to revoke the Plaintiff’s driver’s license (Class I ordinary) on the ground of the instant drunk driving (hereinafter “instant disposition”).

C. The Plaintiff dissatisfied with the instant disposition and filed an administrative appeal with the Central Administrative Appeals Commission on August 21, 2019, but was dismissed on October 15, 2019.

【Ground of recognition】 The fact that there has been no dispute, Gap 1, 2, Eul 5 through 8, the purport of the whole entries and arguments

2. Whether the instant disposition is lawful

A. The plaintiff alleged that the plaintiff actively cooperates in the investigation of drinking driving after the drinking driving of this case, and does not cause human and physical damage, and the driving distance is only 2 km, and the plaintiff's business trip and appearance are frequent in the insurance company as a member of the company in charge of business management, and thus, the operation of the business vehicle is essential, economic difficulties, and there are family members to support. In light of all circumstances, the disposition of this case is beyond the scope of the discretionary authority or abuse discretionary authority.

B. Determination 1 as to whether an administrative disposition exceeds the scope of discretion under the social norms or abused discretionary power ought to be determined by comparing and balancing the degree of infringement on public interest and the disadvantages suffered by an individual due to the relevant administrative disposition by objectively examining the content of the offense committed as the ground for disposition, the public interest to be achieved by the relevant administrative act, and all relevant circumstances.

In this case, even if the criteria for punitive administrative disposition are prescribed in the form of Ordinance, it is nothing more than that prescribed in the internal rules for administrative affairs of administrative agencies, and it is an external citizen.

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