(영문) 수원지방법원 2019.10.18 2019구단2613

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원 2019.10.18 2019구단2613

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 April 4, 2019, at around 23:20, the Plaintiff driven a B car with a maximum of 10km from 10km to 10km to 1017 in front of the post office shooting distance from the Mayang-gu Woo-gu Mayang-si Mayang-si, Annyang-si Mayang-si to 132% of alcohol level.

B. On April 16, 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 0.1% (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 July 9, 2019.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3, Eul evidence 1 to 12, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The gist of the plaintiff's argument does not cause any personal or material damage due to the plaintiff's drinking driving, the plaintiff's acquisition of the driver's license that caused a traffic accident for about 20 years, or that the plaintiff would not drive under the influence of alcohol again, and the plaintiff will not drive under the influence of alcohol again. The plaintiff is currently in charge of domestic business in a joint start-up business entity. The plaintiff is currently in charge of the six business entities that jointly start-up a business. The plaintiff should find a customer's intent due to the characteristics of the business and provide a product explanation, and take on-site response to the factory, so if the license is revoked, it is impossible to perform his/her duties, and the plaintiff's spouse and two children are supported by his/her two children, and they are in support of the plaintiff's spouse and two children, and the body of the plaintiff are required to enter the hospital, and considering the fact that the driver's license is necessary to go beyond the discretion by excessively harshing the plaintiff, so the disposition in this case should be revoked.

B. The scope of discretionary power is determined by social norms.

유사 판례

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