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(영문) 수원지방법원 2020.10.14 2020구단2763
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 March 4, 2020, at around 19:30, the Plaintiff driven a Eina vehicle under the influence of alcohol with a blood alcohol concentration of 0.086% ( blood collection measurement value) at the section of about 2 km from the roads near Seongbuk-gu, Seongbuk-gu, Seongbuk-gu, Sungnam-si to the front side of D in Sungnam-gu, Sungnam-gu.

B. On April 1, 2020, the Defendant issued a disposition revoking the first-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 May 12, 2020.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 17, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The main point of the Plaintiff’s assertion is that the Plaintiff’s pulmonary test value is beyond 0.67%, and there was no occurrence of human and material damage caused by drunk driving, the Plaintiff has been driving safely since its acquisition, and the Plaintiff’s work (delivery and business) is essential and the Plaintiff’s livelihood is difficult when the driver’s license is revoked, considering the fact that the Plaintiff’s pulmonary test value is too harsh to 0.67%, and thus, the instant disposition should be revoked as it constitutes an error of law that deviates from and abused the Plaintiff’s discretionary power.

B. Determination 1 of the relevant legal doctrine ought to be determined by comparing and comparing the degree of infringement on public interest and the disadvantage suffered by an individual due to the degree of infringement on public interest by objectively examining the content and degree of violation, which is the reason for the disposition, the degree of violation, the necessity of public interest to be achieved by the disposition, the disadvantage to be borne by the individual, and all relevant circumstances.

3.2

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