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(영문) 춘천지방법원 2019.06.04 2019구합93
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 August 1, 2018, at around 00:35, the Plaintiff was under the influence of alcohol in the area of about 5 km from a place where it is not possible to know at the original city level, the Plaintiff caused an accident of shocking the diversing of the diversty drive while driving B dives coo in the area of about 5 km in front of the third city of the diversty of nuclear power.

B. At the time of the crackdown on drunk driving, the Plaintiff’s blood alcohol level was measured at 0.193%.

C. On September 18, 2018, the Defendant revoked the Plaintiff’s driver’s license (class 1 common) pursuant to Article 93(1)1 or (3) of the Road Traffic Act on the ground that the Plaintiff was driving the instant drunk.

(hereinafter “instant disposition”) D.

The Plaintiff filed an administrative appeal against the instant disposition on December 13, 2018, but the Central Administrative Appeals Commission rendered a ruling dismissing the Plaintiff’s claim on January 15, 2019.

【Fact-finding without a dispute over the basis of recognition, Gap evidence 1, 2, 3, Eul evidence 1 through 15 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. The plaintiff asserted that he actively cooperated with the police investigation.

The plaintiff is mainly in charge of the installation of products and the service of goods in the business division, and the driver's license is absolutely necessary for the maintenance of livelihood, and the plaintiff is under the circumstances that the spouse should support.

In light of these various circumstances, the instant disposition is unlawful as it deviates from and abused discretionary power.

3. The indication of the relevant regulations shall be as shown in the attached Form;

4. Determination

A. Whether a punitive administrative disposition deviates from or abused the scope of discretion by social norms, or not shall be objectively deliberated on the content of the violation as the grounds for the disposition, the public interest to be achieved by the relevant disposition, and all relevant circumstances, and thereby be at a disadvantage that an individual suffers from such disposition.

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