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(영문) 수원지방법원 2020.08.21 2020구단2275
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 February 9, 2020, the Plaintiff, while under the influence of alcohol at around 0.082% of blood alcohol level, was driving at a 100-meter level from the BE-sports freight level, from the front day of the D located in Gwangju City to the front day of the FE located in Gwangju City, and was driving at a 100-meter level from the front day of the FE located in Gwangju City. On February 9, 2020, the Plaintiff saw the damaged vehicle behind the signal-based passenger vehicle and sustained injury for about two weeks to the victimized vehicle and his/her passenger, respectively.

B. On February 21, 2020, the Defendant issued a disposition revoking Class 1 ordinary and Class 2 ordinary drivers’ licenses against the Plaintiff on the ground that the Plaintiff had injured the Plaintiff due to a traffic accident while driving a drunk (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 April 14, 2020.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3, Eul evidence 1 to 14, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The gist of the Plaintiff’s assertion is relatively short of the distance from which the Plaintiff drives a drinking alcohol, the Plaintiff’s self-driving will not drive a drinking again, and the Plaintiff’s nature as a worker for daily work, and the Plaintiff has to move to several places because it is not fixed due to its occupational characteristics, and the Plaintiff has to carry it in a position where the driver’s license is revoked, it is impossible to perform his/her duties, and the Plaintiff is obliged to support his/her spouse and child. In light of the above, the instant disposition should be revoked since it constitutes an abuse of discretionary authority by excessively harshly treating the Plaintiff to the extent that the Plaintiff abused his/her discretion.

B. Whether a punitive administrative disposition deviates from or abused the scope of discretion by social norms, the substance of the offense as the ground for the disposition, the public interest to be achieved by the relevant disposition, and all the circumstances pertaining thereto.

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