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(영문) 대구지방법원 2019.12.06 2019구단2164
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 May 2, 2019, the Defendant issued a disposition to revoke the Plaintiff’s driver’s license (class 1 and class 1 common) as of June 3, 2019 (hereinafter “instant disposition”) on the ground that the Plaintiff driven a F vehicle under the influence of alcohol level of 0.128% (hereinafter “instant drinking driving”) on the road in front of the E Hospital Emergency Office D located in the same city D at the same time on April 7, 2019, on the grounds that the Plaintiff driven a vehicle under the influence of alcohol level of 0.25%.

B. The Plaintiff filed an administrative appeal against the instant disposition, but the Central Administrative Appeals Commission rendered a ruling dismissing the Plaintiff’s claim on August 29, 2019.

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

2. Whether the instant disposition is lawful

A. The plaintiff alleged that the plaintiff's driver's license is essential for performing his duties as an urban bus article, suppers with the branch figures at the time, and returned home with the words of his spouse while she reflected, and his spouse was transported to the hospital in an extremely serious condition and was forced to drive his/her spouse to go to the hospital. Since the plaintiff acquired the driver's license, he/she safely driven his/her spouse at the hospital for about nine years without a traffic accident or a alcohol driving, and the flow of traffic due to the drinking driving of this case was not impeded or the accident occurred, and the family support and the debt redemption are very difficult due to the disposition of this case, the plaintiff was conducting ordinary volunteer activities, and the plaintiff was going against his/her depth and again going to not drive under the influence of alcohol. Thus, the disposition of this case is too harsh to the plaintiff, and thus, the disposition of this case is deviating from and abused its discretion.

B. The determination of the first punitive administrative disposition is a violation that is the reason for the disposition, whether or not it deviates from or abused the scope of discretion.

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