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(영문) 서울행정법원 2018.02.02 2017구단38181
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 1, 2017, at around 21:52, the Plaintiff driven a car under the influence of alcohol with a blood alcohol concentration of 0.154% at the front of the tunnel for the Gyeongpo-gu in Gwangju Metropolitan City.

(hereinafter referred to as “drinking driving of this case”). (b)

On August 23, 2017, the Defendant rendered a disposition to revoke the Plaintiff’s driver’s license (Class II common) on the ground of the instant drunk driving (hereinafter “instant disposition”).

C. The Plaintiff filed an administrative appeal against the instant disposition, but the said claim was dismissed on November 29, 2017.

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

2. Whether the instant disposition is lawful

A. In light of the following: (a) there was no occurrence of a traffic accident involving personal or material injury due to the Plaintiff’s assertion of alcohol driving; (b) the Plaintiff has been engaged in exemplary driving without traffic accidents or influence of alcohol driving for about 10 years since obtaining the Plaintiff’s license; and (c) the Plaintiff’s vehicle driver’s license is essential to carry out his/her duties and support his/her family; and (d) the instant disposition

B. Whether a punitive administrative disposition deviates from or abused the scope of discretion under the social norms shall be determined by comparing and balancing the degree of infringement of public interest and the disadvantages suffered by an individual due to the relevant disposition, 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 the relevant circumstances. In this case, even if the criteria for the punitive administrative disposition are prescribed in the form of Ordinance of the Ministry, it is nothing more than that prescribed in the internal administrative affairs rules of the administrative agency, and it is not effective externally to the public or the court, and the legality of the relevant disposition shall be determined in accordance with the relevant

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