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(영문) 광주지방법원 2020.02.06 2019구단1596
자동차운전면허취소처분취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of disposition;

A. On May 27, 2019, the Plaintiff holding Class I driver’s licenses and Class I ordinary drivers’ licenses was under the influence of 0.136 percent of alcohol during blood transfusion on May 27, 2019, and was under the influence of 0.136 percent of alcohol during the driving of Category I driver’s licenses and Class I driver’s licenses on police officers in the front of Gwangju North-gu C Apartment.

B. On June 11, 2019, the Defendant notified the revocation of the Plaintiff’s above driver’s license on the ground of the above drunk driving.

(hereinafter referred to as “instant disposition”). C.

On July 8, 2019, the Plaintiff filed an administrative appeal with the Central Administrative Appeals Commission, but the Central Administrative Appeals Commission dismissed the decision on September 3, 2019.

[Ground of recognition] The fact that there is no dispute, Gap's 1 through 6 evidence, Eul's 1 through 6 evidence (including paper numbers, hereinafter the same shall apply), the whole purport of pleading

2. Whether the instant disposition is lawful

A. After the plaintiff's argument on the day of the plaintiff's argument, the driver's license is absolutely necessary because he left his place of work with his superior, and he was the substitute driver's phone, but the substitute driver's phone was not assigned with a large range of distance, and thus he became a driver of a simple drinking driving, the driver's license was not operated for six years since the acquisition of the driver's license, the driver's license was actively cooperate with the investigation, the operator actively cooperates with the investigation, the operator of the electric distribution business is operating the special vehicle at the site, and there are many cases where he operates the special vehicle at the site, and the driver's license is absolutely necessary because the distance from his place of work is 70km away from his place of work, and the cancellation of the driver's license becomes difficult to support his family. In full view of the above, the instant disposition

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

C. Whether a punitive administrative disposition deviates from or abused the scope of discretion by social norms, the degree of infringement of public interest and its disposition, by objectively examining the content of the violation, which is the reason for the disposition, the public interest to be achieved by the relevant disposition, and all other relevant circumstances.

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