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(영문) 수원지방법원 2020.06.12 2020구단1494
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 12, 2019, the Plaintiff, while under the influence of alcohol 0.121% of alcohol level around 23:40 on December 12, 201, driven a scenario car at a level of 6 km from the front of the Osan City C Apartment to the front of the D insified City.

B. On January 1, 2020, the Defendant issued a disposition to revoke each driver’s license stated in the purport of the claim 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. 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 February 21, 2020.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, Eul evidence Nos. 1 to 13, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The purport of the Plaintiff’s assertion does not cause any personal or material damage due to the Plaintiff’s drinking driving, the Plaintiff did not cause a traffic accident for about 28 years since the Plaintiff acquired the Plaintiff’s driver’s license, or did not drive under the influence of alcohol again, and the Plaintiff is going against the present, and again, not drive under the influence of alcohol. The Plaintiff’s disposition in this case should be revoked because, as a truck driver carrying logistics, is a large truck, the Plaintiff is in a situation where the performance of duties is inevitable if the driver’s license is revoked, it is difficult to perform duties smoothly, and the Plaintiff’s spouse and two children are obliged to support the two children and the loans that the Plaintiff received to come up with the house. Considering the fact that the Plaintiff was under brain fluencing operation on or around December 2018, and there are many restrictions on life following the Plaintiff’s acquisition of the driver’s license, the instant disposition should be revoked because it constitutes an abuse of discretion by excessively harshing the Plaintiff.

B. Whether the first punitive administrative disposition deviates from or abused the scope of discretion by social norms.

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