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(영문) 수원지방법원 2020.10.23 2020구단3339
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 April 28, 2020, the Plaintiff, while under the influence of alcohol at 0.117% of blood alcohol level, driven a B B B B BT car at a level of 0.17%, from the roads near the tin station in the Heungdong-gu, Young-si to the same major unit of the Gu to the 1km distance near the Goak Station.

B. On May 28, 2020, the Defendant issued a disposition to revoke each driver’s license stated in the claim 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 July 7, 2020.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3, Eul evidence 1 to 12, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The summary of the plaintiff's assertion is relatively short of the distance of drinking and driving a drinking again, the plaintiff's position as an optician, and the plaintiff is in office as an optician, and when there is a sudden demand from customers, the necessary parts must be directly received from the customer, and even if the driver's license is revoked due to the relation that the plaintiff must have the same mobility in business, the main performance of business should be impossible, and if the driver's license is revoked due to the relation that the plaintiff must repay the debt and the parent's thickness should not help the plaintiff drive a drinking again, the plaintiff should not drive a drinking again, and the plaintiff is in office as an optician, and the plaintiff is in office as an optician. The disposition of this case should be revoked because it is erroneous in the law of abuse of discretionary power because it is too harsh to the plaintiff.

B. The issue of whether a punitive administrative disposition deviatess from or abused the scope of discretion by social norms is the subject of the disposition.

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