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(영문) 서울행정법원 2019.05.29 2019구단4212
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 October 24, 2018, at around 01:12, the Plaintiff was under the influence of alcohol level 0.097% in front of a high-speed bus terminal due to the distribution of new technology in Seocho-gu Seoul, Seocho-gu, Seoul, and was under the influence of alcohol level 0.097%. The Plaintiff was under the control of police officers.

B. The Defendant imposed 100 points to the Plaintiff on the ground that the Plaintiff violated the above duty of prohibition of driving under the influence of alcohol, which constitutes the ground for suspension of license, and imposed 30 points to the Plaintiff on September 27, 2018 by adding 130 points to the Plaintiff’s given points (i.e., 100 points) in total, 130 points (i.e., 10 points) by adding 30 points to the Plaintiff’s given points in violation of the traffic classification (in violation of the central line) on September 27, 2018, issued a disposition revoking the Plaintiff’s driver’s license (hereinafter “instant disposition”).

C. On December 26, 2018, the Plaintiff filed an administrative appeal against the instant disposition. However, the Central Administrative Appeals Commission dismissed the Plaintiff’s request for administrative appeal on February 12, 2019.

【Ground of recognition】 The fact that there is no dispute, Gap's 1, 2, Eul's 2 through 7 (including Serial number), and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. In light of all circumstances, the Plaintiff’s assertion that the employee engaged in agency management is necessarily required to drive a motor vehicle on duty, experienced economic difficulties, and there are family members to support, etc., the instant disposition is unlawful by exceeding the scope of discretionary power due to excessive suspicion, or by abusing discretionary power.

B. Whether a punitive administrative disposition exceeds the scope of discretion under the social norms, or abused discretionary power, is the cause of the disposition, and objectively examines the content of the offense committed as the reason for the disposition, the public interest to be achieved by the relevant disposition, and all the relevant circumstances, and thereby, the degree of infringement on the public interest and the disadvantage that an individual

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