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(영문) 춘천지방법원 2016.08.19 2016구합160
자동차운전면허취소처분취소
Text

1. The Defendant’s revocation of the license granted to the Plaintiff on January 26, 2016 shall be revoked.

2. The costs of lawsuit shall be.

Reasons

1. Details of the disposition;

A. On December 31, 2015, at around 17:00, the Plaintiff, while under the influence of alcohol at 0.147% of alcohol level, she turned about about 5 meters of the Category B rocketing car volume (hereinafter “instant vehicle”) within the bath parking lot located in C at the prime week.

B. On January 26, 2016, the Defendant rendered a disposition to revoke all Class 1 ordinary licenses and Class 2 ordinary licenses (E) pursuant to Article 93(1)1 of the Road Traffic Act (hereinafter “instant disposition”).

C. The Plaintiff filed an administrative appeal against the instant disposition, but the Central Administrative Appeals Commission rendered a ruling dismissing the said claim on February 29, 2016.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, 2, and 7 (including branch numbers), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion that the plaintiff, upon the request of a substitute driver after drinking alcohol, arrived at the substitute driver, but the substitute driver had a dispute with the substitute driver. The plaintiff was found to have been driving at a certain range of meters by requesting the vehicle behind the vehicle in the parking lot for the traffic of the vehicle. The plaintiff did not have a history of drinking driving, and the driver's license is required for the maintenance of livelihood, etc., the disposition in this case is deemed to have been excessively harsh to the plaintiff compared to the public interest purpose to be achieved, and thus, it is unlawful to have exceeded or abused the discretion.

B. Determination 1 whether a punitive administrative disposition deviates from or abused the scope of discretion by social norms shall be determined by comparing and balancing the degree of infringement of public interest and the disadvantage suffered by an individual by objectively examining the content of the violation, which is the reason for the disposition, the public interest to be achieved by the relevant disposition, and all relevant circumstances.

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