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(영문) 대구지방법원 2019.12.13 2019구단2485
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 July 16, 2019, the Defendant issued a disposition to revoke the Plaintiff’s driver’s license (class 1 common) as of August 17, 2019 (hereinafter “instant disposition”) on the ground that the Plaintiff driven D vehicles under the influence of alcohol level of 0.128% at the Damdong-si B apartment parking lot up to the C apartment parking lot on July 8, 2019 (hereinafter “instant drinking driving”).

B. The Plaintiff filed an administrative appeal against the instant disposition, but the Central Administrative Appeals Commission rendered a ruling dismissing the Plaintiff’s claim on October 22, 2019.

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

2. Whether the instant disposition is lawful

A. In light of the Plaintiff’s assertion that the distance driven by the Plaintiff is about 200 meters, and that the flow of traffic was obstructed or the accident occurred due to the pertinent drunk driving, the Plaintiff’s driver’s license was needed for commuting to and from work of an employee of online shopping mall, that the Plaintiff supports the Plaintiff’s two children and parents who are not good in health, and the instant disposition makes it difficult for the Plaintiff to provide family support and debt redemption, that if the Plaintiff is unable to drive, the Plaintiff’s family support and debt redemption becomes difficult, that the Plaintiff’s hospital members for the treatment of the parents are extremely inconvenient, and that the Plaintiff’s depth is against the Plaintiff, and thus, the instant disposition was unlawful.

B. Determination 1 as to whether a punitive administrative disposition deviates from or abused the scope of discretion by social norms ought to be determined by comparing and balancing the degree of infringement on public interest and the disadvantages suffered by an individual 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 relevant circumstances.

In addition, the criteria for the disposition of Ordinances are.

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