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(영문) 수원지방법원 2020.10.16 2020구단2411
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 February 5, 2020, at around 20:10, the Plaintiff driven Benz EWz EWz’s car under the influence of alcohol by 0.156%, and 3 km from the Guro-gu Seoul apartment parking lot to the same Gu D’s front road.

B. On March 4, 2020, the Defendant issued a disposition revoking the first-class ordinary driver’s license 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 May 12, 2020.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3, 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 assertion does not cause any personal or material damage due to the Plaintiff’s drunk driving, the Plaintiff’s reflects the fact that the Plaintiff would not drive under the influence of alcohol again, and the Plaintiff is an insurer operating an insurance business, and the Plaintiff is in need of driving a vehicle due to the insurance business, advertisement business, etc., and the Plaintiff is in the position of having to terminate the business when the driver’s license is revoked due to the Plaintiff’s cancellation, because it is impossible to perform his/her duties, and the Plaintiff is obliged to support his/her spouse and parents and to pay his/her loan and installment, etc., the instant disposition should be revoked because it is too harsh to the Plaintiff, thereby abusing discretion.

B. Determination 1 whether a punitive administrative disposition deviatess from or abused the scope of discretion by social norms or not is the degree of infringement of public interest by objectively examining the content of the violation as the grounds for the disposition, the public interest to be achieved by the relevant disposition, and all relevant circumstances.

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