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(영문) 대구지방법원 2019.06.28 2019구단649
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 December 11, 2018, the Defendant issued a disposition to revoke the Plaintiff’s driver’s license (class II common and class II motor vehicles) as of January 5, 2019 (hereinafter “instant disposition”) on the ground that the Plaintiff driven C motor vehicles under the influence of alcohol with a blood alcohol concentration of 0.133% on the roads front of the Cheong-gun, Chungcheongnam-gun, Cheongwon-gun, Cheongwon (hereinafter “instant driving”).

B. The Plaintiff filed an administrative appeal against the instant disposition, but the Central Administrative Appeals Commission rendered a ruling dismissing the Plaintiff’s claim on February 12, 2019.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that the Plaintiff had been driving without a traffic accident or force of drunk driving for about 18 years since the Plaintiff acquired the driver’s license on January 15, 2001. In light of the following: (a) the driving of the instant case interfered with the flow of traffic or the occurrence of a traffic accident; (b) the Plaintiff supported the Plaintiff’s spouse and two grandchildren with intellectual disability Grade 3; (c) the Plaintiff’s vehicle driver’s license is essential to transport cultivated agricultural products; (d) the Plaintiff thought that the Plaintiff had drinking alcohol in a funeral ceremony at the time, but did not take a long time after drinking; and (b) the Plaintiff had been driving to assist the Plaintiff’s attending school of the grandchildren with intellectual disability 3; and (c) when the driver’s license was revoked due to the instant disposition, the instant disposition was excessively harsh to the Plaintiff, and thus, was abused and abused by discretionary power.

B. The determination of 1 punitive administrative disposition deviates from or abused the scope of discretion by social norms, the content of the violation, which is the reason for the disposition, and the public interest to be achieved by the act in question and its corresponding thereto.

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