(영문) 수원지방법원 2020.01.10 2019구단3722

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(영문) 수원지방법원 2020.01.10 2019구단3722

자동차운전면허취소처분취소

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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 June 19, 2019, at around 23:11, the Plaintiff driven B car while under the influence of alcohol of 0.189%, and 24 km from the front of the city of Ansan-si to the front of the Gu of Ansan-si, Ansan-si.

B. On July 5, 2019, the Defendant issued a disposition to revoke the first and second-class ordinary driver’s license against the Plaintiff on the ground that the Plaintiff was under the influence of alcohol with a blood alcohol level of at least 0.1% (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 August 29, 2019.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3, Eul evidence 1 to 12, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The purport of the Plaintiff’s assertion does not cause any personal or material injury due to the Plaintiff’s drinking driving, the Plaintiff’s acquisition of the driver’s license does not cause a traffic accident for about 23 years, or does not have any history of driving under the influence of alcohol, and the Plaintiff is currently in charge of the Plaintiff’s technical business and field management, and the Plaintiff is in charge of electricity, telecommunications, fire fighting-related technology business and field management. The Plaintiff is in charge of the Plaintiff’s work at the new wall due to the characteristics of the construction site, and the site is located across the country, and the two and three days a week is at the place where the driver’s license is revoked by visiting the site, making it impossible to perform his/her duties, and after the cancellation of the driver’s license, the Plaintiff ought to support his/her spouse and children, and the Plaintiff is obliged to pay his/her debts. In light of the above, the instant disposition should be revoked, as it erred by abusing

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

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