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(영문) 수원지방법원 2020.11.25 2020구단3360
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 April 25, 2020, at around 01:50, the Plaintiff driven a B rocketing car under the influence of alcohol level of 0.141% from the 98 heading room distance from the sponsing line line line line of Suwon-si, Suwon-si, Suwon-si, which caused injury to the victim, such as light dump dump, tension, etc. requiring two-time treatment.

B. On May 27, 2020, the Defendant issued a disposition to revoke the driver’s license for Class I ordinary and Class II motor vehicles (hereinafter “instant disposition”) against the Plaintiff on the ground that the Plaintiff had caused a traffic accident while under the influence of alcohol above 0.08%, which is the base value for revocation of the license, and caused the Plaintiff to injure another (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 June 30, 2020.

[Ground of recognition] Facts without dispute, Gap evidence 2 through 9, Eul evidence 1 to 12, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The main point of the Plaintiff’s assertion is relatively short of the distance from driving under the influence of alcohol, the Plaintiff’s acquisition of the driver’s license has no traffic accident or no record of driving under the influence of alcohol, active cooperation in investigations and investigations, the Plaintiff’s present reflects the fact that the driver’s license is not to drive under the influence of alcohol, and the Plaintiff’s work characteristics make it difficult for the Plaintiff to maintain his/her livelihood if his/her driver’s license is revoked. In light of the above, the instant disposition should be revoked because it is too harsh to the Plaintiff, thereby abusing or abusing the discretion.

B. Whether the relevant legal doctrine 1-related administrative disposition deviatess from or abused the scope of discretion, an objective review is conducted on the content and degree of the violation, which is the reason for the disposition, the necessity of public interest to be achieved by the disposition, the disadvantage suffered by an individual, and all the relevant circumstances.

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