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(영문) 광주지방법원 2018.05.24 2018구단10111
자동차운전면허취소처분취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of disposition;

A. On December 23, 2017, the Plaintiff holding a Class I driver’s license for large vehicles and Class I driver’s license for ordinary vehicles was under the influence of alcohol by 0.164% in the DKaf-ro, adjacent to C Facilities in Sinpo-si B, Mapo-si, and was under the influence of alcohol by 0.164% in the vicinity of C Facilities in Sinpo-si B.

B. On January 16, 2018, the Defendant notified the revocation of the Plaintiff’s respective driver’s license on the ground of the above drunk driving.

(hereinafter “instant disposition”). C.

The Plaintiff filed an administrative appeal against the instant disposition, but the claim was dismissed on March 13, 2018.

【Ground of recognition】 The fact that there has been no dispute, Gap No. 1, 12, Eul No. 1, 7 through 11, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. In full view of the fact that the plaintiff's argument on the day of the plaintiff's argument that he was completed with the person and sent a substitute engineer, and that the substitute engineer operated more than 5-10 meters in order to easily detect the vehicle and caused the drinking control while waiting for the substitute engineer, the accident caused by the drinking driving of this case does not occur, the driver's license was acquired and there was no record of driving in this case for eight years, the plaintiff actively cooperate with the investigation, and the plaintiff actively cooperates with the investigation, and the driver's license is essential. If the driver's license is revoked, there is a high possibility that the driver will retire from the workplace, the life will be prevented, and the marriage plan with the female-friendly Gu will also be separated, and the operation of the bus purchased by the substitute becomes impossible, so the disposition of this case is more likely to be infringed than the public interest that will be gained by the disposition of this case, and thus, the disposition of this case is unlawful.

(b) as shown in the attached Form of the relevant statutes;

C. (1) Determinations are to be made in order to determine whether the punitive administrative disposition deviates from or abused the scope of discretion by social norms, and to be achieved by the act of disposal in question.

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