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(영문) 수원지방법원 2019.05.29 2019구단853
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 January 3, 2002, the Plaintiff acquired Class I ordinary driver’s license (B), Class I driver’s license on September 25, 2003, and was revoked on July 3, 2015 due to driving under influence by drinking only (0.203% of blood alcohol level) and was revoked on August 14, 2015.

B. On November 27, 2018, at around 10:28, the Plaintiff: (a) while under the influence of alcohol by 0.12%, from the D cafeteria parking lot located in Silung-si C, to the F Doz road in front of the F Doz in the same city E, the Plaintiff driven approximately 1 km of the G d motor vehicle’s low alcohol level (hereinafter “instant drinking driving”).

C. On December 18, 2018, the Defendant rendered a disposition to revoke the above paragraph’s driver’s license by applying Article 93(1)1 of the Road Traffic Act due to the instant drunk driving (hereinafter “instant disposition”). D.

The plaintiff appealed against this and filed an administrative appeal with the Central Administrative Appeals Commission, but dismissed on February 12, 2019.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 5, Eul evidence 1 to 13, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. In light of the following, the Plaintiff asserted that the Plaintiff used a usual driving, and attempted to use a substitute driving immediately before the instant drunk driving, the possibility and risk of criticism for the instant drunk driving was significantly low, the Plaintiff’s driver’s license is essential for commuting to and from work as a company member, the Plaintiff actively cooperates with and reflects to investigation agencies regarding the instant drunk driving, and the Plaintiff’s family support and burden of living expenses, etc., there were errors of deviation from discretionary power and abuse of abuse.

B. The issue of whether a punitive administrative disposition deviatess from or abused the scope of discretion by social norms is the subject of the disposition.

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