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(영문) 수원지방법원 2021.02.19 2020구단4714
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 1, 2020, the Plaintiff driven a BM7 car under the influence of alcohol level of 0.218% among blood transfusions around 00:25, while under the influence of alcohol level of 0.218%, and 30 meters from the apartment D apartment of the wife population at the port of tolerance to the front of the apartment E-dong.

B. On September 1, 2020, the Defendant issued a disposition to revoke the first-class ordinary driver’s license against the Plaintiff on the ground that the Plaintiff was driven while under the influence of alcohol more than 0.08% in blood, which is the base value for revocation of 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 administrative appeal on October 20, 2020.

[Reasons for Recognition] Unsatisfy, 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 gist of the Plaintiff’s assertion was that the Plaintiff was engaged in drinking alcohol after drinking alcohol on the spot, and later, the Plaintiff was driving to find out that the parking location was a parking zone for persons with disabilities and to move and park, the Plaintiff’s drinking driving did not cause any personal and physical damage, and the driving distance is relatively short, and the Plaintiff would not drive alcohol again, contrary to the Plaintiff and again.

The plaintiff is currently in office as an employee of a golf course, and the plaintiff is essential for commuting to and from work, so if the driver's license is revoked, he/she is in a position to retire from work, and the plaintiff must support his/her spouse and two children, and send a living cost with the thickness of guidance to the plaintiff.

Considering the fact that it is necessary to make sure that apartment mortgage loans should be repaid, the instant disposition should be revoked because it is too harsh to the Plaintiff, and it is in violation of the law that deviates from and abused discretion.

B. 1) Whether a punitive administrative disposition has deviates from or abused the scope of discretion in light of social norms is grounds for the disposition.

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