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(영문) 수원지방법원 2021.02.05 2020구단4448
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 June 28, 2020, the Plaintiff driven a car of 220d Gaz GLC 220d while under the influence of alcohol level 0.198% from the blood level around 03:08, and driving a car of 400m from the front day of Suwon-si, Suwon-si C to the front day of the exit of 7m e Station in the same Gu.

B. On July 24, 2020, the Defendant issued a disposition to revoke the first-class ordinary driver’s license against the Plaintiff on the ground that the Plaintiff was driven while under the influence of alcohol more than 0.08% in blood, which is the base value for revocation of license (hereinafter “instant disposition”).

(c)

The Plaintiff filed an administrative appeal against the instant disposition, but the Central Administrative Appeals Commission dismissed the Plaintiff’s administrative appeal on September 8, 2020.

[Reasons for Recognition] Unsatisfy, 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 purport of the Plaintiff’s assertion that no physical damage has occurred due to the Plaintiff’s driving of drinking, and that the Plaintiff is against the Plaintiff and would not drive a drinking again.

In light of the fact that the Plaintiff is a middle and high-speed withr, but the Plaintiff is in need of driving due to its nature, so it is difficult for the Plaintiff to perform its duties when the driver’s license is revoked, and the Plaintiff’s economic situation is very difficult, and the parent thickness should not be able to provide economic assistance. In light of the fact that the instant disposition is too harsh to the Plaintiff, and thus, it should be revoked.

B. 1) Determination of whether a punitive administrative disposition deviatess from or abused the scope of discretionary power in light of social norms is determined by comparing and balancing the degree of infringement on public interest and the disadvantages suffered by an individual due to the disposition by objectively examining the content of the violation on which the disposition was based, the public interest to be achieved by the relevant disposition, and all the circumstances pertaining thereto, etc.

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