(영문) 수원지방법원 2020.02.07 2019구단4138

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(영문) 수원지방법원 2020.02.07 2019구단4138

자동차운전면허취소처분취소

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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 7, 2019, the Plaintiff, while under the influence of alcohol at 0.124% of blood alcohol level on August 7, 2019, driven a Bho-do car, and 500 meters from the roads near D Jeong-dong, Middle-dong, 3-distance in Echeon-si.

B. On August 31, 2019, the Defendant issued a disposition revoking the first-class ordinary driver’s license against the Plaintiff (hereinafter “instant disposition”) 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 criteria for revoking the license.

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, 20 evidence, 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 is that the plaintiff's plaintiff's main business is to set up a business and deliver it to the business site with the client and the company's head office, such as harmony, gymal, and gymal, coming to sleep while drinking, and gymal, and she seems to have come to go to go to the bar, and the plaintiff's drinking to go to work, and the plaintiff's drinking, no physical and material damage has occurred due to the plaintiff's drinking driving, the distance of drinking driving is relatively short, and the plaintiff's drinking again is going to go to go to the bar, and if the license is revoked, the license is revoked, taking into account the fact that it is impossible for the plaintiff to perform his duties and that the plaintiff must support his spouse and children, and the principal and interest of the loan should also be repaid. Thus, the disposition of this case is unlawful because it is too harsh to the plaintiff and abuse discretion.

B. Determination 1 sanctions are imposed.

유사 판례

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