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(영문) 서울행정법원 2019.06.12 2019구단5451
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 January 12, 2019, around 04:31, 2019, the Plaintiff driven C rocketing car volume while under the influence of alcohol with 0.127% of alcohol level on the front of the Husan-si B (hereinafter “instant drunk driving”).

B. On January 23, 2019, the Defendant issued a disposition to revoke the Plaintiff’s driver’s license (class 1, class 2, class 2, and class 2 motorcycles) 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 January 31, 2019, but was dismissed on March 5, 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’s assertion was unlawful in light of all circumstances, including the following: (a) the Plaintiff cooperates in the enforcement procedures after drinking alcohol; (b) the Plaintiff did not incur physical damage; and (c) the Plaintiff’s driver’s license is a worker engaged in agricultural product delivery business, which is indispensable to drive a driver’s license; and (d) having economic difficulties; and (e) having family members to support.

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 such cases, even if the criteria for punitive administrative disposition are prescribed in the form of Ordinance, it is nothing more than that prescribed in the administrative agency's internal rules for administrative affairs, and therefore there is no effect to the public or court externally, and the relevant disposition is concerned.

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