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(영문) 수원지방법원 2020.11.11 2020구단2626
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 March 6, 2020, at around 07:35, the Plaintiff driven a DNA motor vehicle with a blood alcohol concentration of 0.122% in the section of about 10km from Pyeongtaek-si to Pyeongtaek-si roads near Pyeongtaek-si.

B. On March 25, 2020, the Defendant issued a disposition revoking Class 1 and Class 1 ordinary driver’s license (hereinafter “instant disposition”) against the Plaintiff on the ground that the Plaintiff was under the influence of alcohol with a blood alcohol level of at least 0.08%, which is the base value for revocation of the license.

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 May 12, 2020.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, Eul evidence 1 to 13, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The gist of the Plaintiff’s assertion is that the Plaintiff has used a usual driving, there has been no accidents, such as traffic accidents or drunk driving, etc. since the Plaintiff acquired the driver’s license, active cooperation in investigations and investigations, the Plaintiff’s duty is currently contrary to and again, and the Plaintiff’s driver’s license is not to drive under the influence of alcohol, and if the driver’s license is revoked if it is necessary due to the Plaintiff’s nature, it is difficult for the Plaintiff’s family to live. In light of the above, the instant disposition should be revoked since it is too harsh to the Plaintiff, thereby deviating from and abusing the discretion.

B. Determination 1 of the relevant legal doctrine ought to be determined by comparing the content and degree of the violation, which is the reason for the disposition, the necessity of the public interest to be achieved by the disposition, the disadvantage to be borne by an individual, and all relevant circumstances, etc. with the degree of infringement on public interest and the disadvantage to be borne by an individual.

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