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(영문) 광주지방법원 2021.01.13 2020구단1554
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 8, 2020, at around 05:34, the Plaintiff driven D Kancheon while under the influence of alcohol concentration of 0.113% in blood on the front of “C” located in Gwangju Northern-gu B.

B. Accordingly, on May 18, 2020, the Defendant issued a disposition revoking the Plaintiff’s Class 1 ordinary driver’s license pursuant to Article 93(1)1 of the Road Traffic Act (hereinafter “instant disposition”) on the ground that the Plaintiff was under the influence of alcohol with 0.113% of alcohol among the blood transfusions whose license was revoked.

(c)

The plaintiff appealed and filed an administrative appeal on May 27, 2020, but the Central Administrative Appeals Commission dismissed the plaintiff's administrative appeal on July 21, 2020.

[Reasons for Recognition] The facts without dispute, Gap evidence Nos. 1, 2, 3, Eul evidence Nos. 1 to 9 (including each number), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion is unlawful in light of the following: (a) since the Plaintiff acquired the Plaintiff’s driver’s license, the Plaintiff is a self-employed person engaged in design work, printed materials, and production and supply of advertising materials without the influence of drinking alcohol; (b) the Plaintiff’s vehicle operation is essential in performing his/her duties; and (c) the Plaintiff’s most support for his/her spouse and two children, if the driver’s license is revoked, is unable to continue his/her current duties and thus making it very difficult for the Plaintiff to repay his/her obligations or maintain his/her livelihood; (d) the instant disposition is excessively harsh and excessively

B. (1) Determination of the relevant legal doctrine is based on whether the pertinent administrative disposition deviatess from or abused the scope of discretionary power in light of the social norms, or not, the degree of infringement of the public interest and the relevant administrative disposition will be suffered by an individual by objectively examining the content of the violation on which the disposition was based, the public interest to be achieved by the relevant administrative disposition

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