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(영문) 광주지방법원 2017.12.07 2017구단1882
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 July 5, 2017, the Plaintiff holding a Class 1 driver’s license for a Class 1 large and ordinary motor vehicle, and a Class 2 driver’s license for a Class 3 driver’s license for a motor vehicle, the Plaintiff driven a Dren car on the front side of the B B while under the influence of alcohol level 0.159% under the influence of alcohol level 0.0%.

B. On July 27, 2017, the Defendant issued a disposition to revoke the Plaintiff’s driver’s license for Class I large and ordinary vehicles and Class II motor vehicles (hereinafter “instant disposition”).

C. The Plaintiff filed an administrative appeal against the instant disposition, but the claim was dismissed on September 5, 2017.

[Ground of recognition] The fact that there is no dispute, Gap evidence 1, Gap evidence 22, Eul evidence 1 through 12, the purport of whole pleadings

2. Whether the instant disposition is lawful

A. Comprehensively taking account of the following: (a) the Plaintiff’s assertion for 17 years of non-accident driving experience; (b) there was no human or physical damage caused by drinking alcohol; and (c) there was no intent to drive under the influence of alcohol from the beginning; (d) the occupation’s driver’s license is essential; (e) the family must support; and (e) the cancellation of the license; and (e) there was any disadvantage that is more likely to undermine the public interest than that to be gained by the instant disposition; and (e) the instant disposition was deviates from and abused the discretion.

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

C. 1) Determination of whether a punitive administrative disposition deviatess from or abused the scope of discretion under the social norms should be made by comparing and balancing the degree of infringement of public interest and the disadvantages suffered by an individual’s disposition by objectively examining the content of the act of violation, which is the reason for the disposition, the public interest achieved by the relevant act of disposal, and all relevant circumstances (see, e.g., Supreme Court Decision 98Du11779, Apr. 7, 2000). If the disposition standards are prescribed by Presidential Decree or Ordinance of the Ministry, the disposition standards per se

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