(영문) 수원지방법원 2019.05.17 2019구단198

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(영문) 수원지방법원 2019.05.17 2019구단198

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 September 9, 2018, at around 23:35, the Plaintiff driven a Benz GLE 350D car while under the influence of alcohol by 0.194%, and 65 meters from the road before the “D” in the ethic City City, to the road before the F point in the E in the ethic City.

B. On October 6, 2018, the Defendant issued a disposition revoking the first-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 November 28, 2018.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, Eul evidence Nos. 1 to 13, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The gist of the plaintiff's assertion does not cause any personal or material damage due to the plaintiff's drinking driving, the plaintiff's acquisition of the driver's license that caused a traffic accident for 21 years or has no record of driving under the influence of alcohol, the plaintiff's refusal to drive under the influence of alcohol again, and the plaintiff is going against the plaintiff, and the plaintiff is carrying the 2.5t tower with the equipment of the b.5t tower and carrying it across the country, and carries out construction at a place where the freezing warehouse or the building needs to be cut down. Considering the fact that the license is revoked, the disposition of this case is so harsh that it is difficult to perform its duties and it is necessary to terminate its work, and thus, should be revoked.

B. Whether a punitive administrative disposition deviatess from or abused the scope of discretion by social norms, or whether it constitutes an abuse of discretionary authority shall objectively deliberate on the content of the offense as the grounds for the disposition, the public interest to be achieved by the relevant disposition, and all the circumstances complying with the disposition, and thereby infringe the public

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