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(영문) 인천지방법원 2020.07.17 2020구단1435
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 December 20, 2019, at around 22:40 on December 20, 2019, the Plaintiff driven B vehicles under the influence of alcohol concentration of 0.130% on the side square of the member-gu, Ansan-si. and was discovered to police officers.

B. On January 29, 2020, the Defendant rendered a decision to revoke the first-class ordinary license by applying Article 93(1)1 of the Road Traffic Act to the Plaintiff on the ground that the Plaintiff was driving under influence of alcohol as above.

(hereinafter “instant disposition”). C.

On February 17, 2020, the Plaintiff filed an administrative appeal with the Central Administrative Appeals Commission, but was dismissed on April 14, 2020.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3, Eul evidence 1 to 11, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. In light of the Plaintiff’s assertion that the Plaintiff driven a relatively short distance, there is no injury, the fact that the Plaintiff complied with the law without an accident or a force of drinking alcohol for 14 years after obtaining a driver’s license, and used the ordinary driving, and actively cooperates with police officers in the investigation, the Plaintiff’s driver’s license is absolutely necessary for his/her workplace life, and the Plaintiff is obliged to support his/her family, and thus, the instant disposition is revoked, since it constitutes an error of law that deviates from or abused the discretionary authority by excessively harshly treating the Plaintiff.

(b) as shown in the attached Form of the relevant statutes.

C. 1) Whether a punitive administrative disposition deviatess from or abused the scope of discretion by social norms should be determined by comparing and balancing the degree of infringement of public interest and disadvantages suffered by individuals by objectively examining the content of the offense, which is the reason for the disposition, the public interest to be achieved by the relevant disposition, and all the relevant circumstances (see, e.g., Supreme Court Decision 98Du11779, Apr. 7, 2000; 98Du11779, Apr. 7, 2000; and where the disposition standards are prescribed by Presidential Decree or Ordinance of the Ministries

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