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(영문) 서울고등법원 2019.07.19 2019누33851
자동차운전면허취소처분취소
Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. The reasoning of the judgment by the court on this part is the same as that of the judgment of the court of first instance, and thus, this part of the judgment is cited in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

2. Whether the instant disposition is lawful

A. The plaintiff asserted that the plaintiff had a substitute driver drive the motor vehicle of this case, and returned home with the substitute driver, and caused a wheel contact accident with the wheels, and there were circumstances where the substitute driver parked on the road so that it was inevitable for the driver to drive the motor vehicle of this case to drive the motor vehicle of this case at a level of 2 meters for other vehicles because it was inevitable for the driver to drive the motor vehicle of this case because it was parked on the road because it was impossible for the driver to drive the motor vehicle of this case. Since the plaintiff acquired the driver's license, the driver was driving the motor vehicle of this case without a traffic accident or force for about 19 years, the driver actively cooperates with the investigative agency after the driving of this case was controlled, and the driver's license of this case is essential for the maintenance of the plaintiff's livelihood, family support, and debt collection. The disposition

B. 1) Determination of whether a punitive administrative disposition deviatess from or abused the scope of discretion under the social norms should be made by comparing and balancing the degree of infringement on public interest and the disadvantage suffered by an individual by objectively examining the content of the act of violation, which is the reason for the disposition, the public interest achieved by the act of disposition, and all relevant circumstances, etc. (see, e.g., Supreme Court Decision 98Du11779, Apr. 7, 2000; see, e.g., Supreme Court Decision 98Du11779, Apr. 7, 2000), if the disposition standards are prescribed by Presidential Decree or Ordinance of the Ministry, it does not conform with

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