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(영문) 수원지방법원 2020.05.20 2019구단4879
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 August 14, 2019, at around 00:23, the Plaintiff driven approximately 4 km to B vehicle while under the influence of alcohol with 0.213% of alcohol level, and to D store front of the D store located in C at the time of the Gyeonggi Ethical City, the Gyeonggi Ethical City, the B vehicle under the influence of alcohol level of 0.213%.

B. On September 4, 2019, the Defendant issued a disposition revoking the Class II 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 0.08%, which is the base value for revocation of the license (hereinafter “instant disposition”).

C. On October 23, 2019, the Plaintiff filed an administrative appeal against the instant disposition. However, the Central Administrative Appeals Commission dismissed the Plaintiff’s request for administrative appeal on December 3, 2019.

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

2. Whether the instant disposition is lawful

A. In light of the purport of the Plaintiff’s assertion that no personal or material damage has occurred due to the Plaintiff’s drinking driving, and the distance of the vehicle driving is relatively short of 4km, since the Plaintiff acquired the Plaintiff’s driver’s license, the Plaintiff did not have any history of causing traffic accidents or driving under the influence of alcohol for about 10 years, and the Plaintiff is expected not to drive under the influence of alcohol again, and the Plaintiff is currently against and again not to drive under the influence of alcohol. In light of the fact that the Plaintiff has been in the quality control position in the automobile parts company, the Plaintiff has been serving in the automobile parts company as a quality control position in terms of its business characteristics, and the Plaintiff is faced with economic difficulties due to the Plaintiff’s fraud, the instant disposition should be revoked as it

B. Determination 1 whether a punitive administrative disposition deviatess from or abused the scope of discretion by social norms or not is the degree of infringement of public interest by objectively examining the content of the violation as the grounds for the disposition, the public interest to be achieved by the relevant disposition, and all relevant circumstances.

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