(영문) 수원지방법원 2020.02.21 2019구단4237

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Reasons

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자간(%)

(영문) 수원지방법원 2020.02.21 2019구단4237

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 August 2, 2019, the Plaintiff, while under the influence of alcohol at 01:46% of the blood alcohol level, driven Bsch Rexton car at a level of 0.147%, and 30 meters from the front of the “Cheongha Public Security Center” to the front of the “Cheongha Public Security Center” at the seat of the same Cheongbuan.

B. On August 20, 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% (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 22, 2019.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, Eul evidence 1 to 12, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. In light of the purport of the Plaintiff’s assertion that no personal or material damage has occurred due to the Plaintiff’s drunk driving and the distance of driving was shorter, the Plaintiff’s response and re-driving is expected not to drive under the influence of alcohol; the Plaintiff is conducting a cleaning for completion of construction and cleaning of occupancy; the Plaintiff is carrying out business through the nation while carrying out nationwide, so it is impossible to perform its duties when the license is revoked; and the Plaintiff is obliged to support his spouse and children and to repay the principal and interest of the loan, etc., the instant disposition should be revoked since it is too harsh to the Plaintiff, and thus, it should be revoked.

B. Determination 1 whether a punitive administrative disposition deviatess from or abused the scope of discretion by social norms or not is the grounds for the disposition, and the degree of infringement of public interest and the disadvantage suffered by an individual due to the disposition, by objectively examining the content of the offense as the grounds for the disposition in question, the public interest to be achieved by the disposition in question,

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