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(영문) 수원지방법원 2020.05.22 2020구단859
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 November 12, 2019, the Plaintiff: (a) while under the influence of alcohol at around 00:40% of blood alcohol level, 0.147%; (b) while driving at least 1km from the front of the road located in the Yellow-gu, Yongsan-gu, U.S., U.S. to the same E-distance; (c) was placed on the traffic signal, etc. installed in the above private road traffic island.

B. On November 30, 2019, the Defendant issued a disposition revoking the first-class and second-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 February 4, 2020.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, Eul evidence Nos. 1 to 13, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. In light of the fact that no personal or material damage has occurred due to the plaintiff's drinking driving of the plaintiff, the plaintiff is against his/her own will not drive a drinking again, and the plaintiff has to meet his/her customer as an insurance solicitor and the vehicle is essential to drive a vehicle in considerable distance due to the characteristics of his/her duties, so if the driver's license is revoked, it is impossible to perform his/her duties and it is in a position to terminate his/her work because the driver's license is revoked, and the plaintiff has to care for two undergraduate children on his/her own, and the principal and interest of his/her liability should be repaid, so the disposition of this case is revoked because it is too harsh to the plaintiff, thereby abusing discretion.

B. Whether a punitive administrative disposition deviates from or abused the scope of discretion by social norms or not is objectively the content of the offense as the grounds for the disposition, the public interest to be achieved by the relevant disposition, and all other relevant circumstances.

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