(영문) 수원지방법원 2020.11.04 2020구단3285

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(영문) 수원지방법원 2020.11.04 2020구단3285

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. At around 01:50 on April 3, 2020, the Plaintiff driven the E E E-coo vehicle under the influence of alcohol content of about 0.096% at a distance of about 200 meters from the 200 meters away from the front road of the members of Ansan-si, Ansan-si to the front road of the D-gu, Ansan-si.

B. On May 7, 2020, the Defendant issued a disposition revoking the first-class ordinary driver’s license 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 (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 June 30, 2020.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 6, 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 that human and material damage caused by the Plaintiff’s drunk driving does not occur, the distance of drunk driving is short, the Plaintiff actively cooperates in the investigation and investigation, the Plaintiff is currently going against and is going not to drive under the influence of alcohol again, and the Plaintiff’s occupation is essential for the driver’s license to be revoked, and if the driver’s license is revoked, it is difficult for the Plaintiff and his family members to live. In light of the above, the instant disposition should be revoked because it is too harsh to the Plaintiff and constitutes an unlawful act of deviating from or abusing the discretion.

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

Such sanctions.

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