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(영문) 대전지방법원 2020.10.15 2020구단1129
자동차운전면허취소처분취소
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Details of the disposition;

A. On April 28, 2020, at around 19:40 on April 28, 2020, the Plaintiff driven C vehicle under the influence of alcohol level 0.159% (hereinafter “instant drunk driving”) while driving a vehicle under the influence of alcohol level 0.159% (hereinafter “instant drunk driving”). The Plaintiff caused a personal traffic accident (one ordinary person).

B. On May 13, 2020, the Defendant rendered a disposition to revoke the Plaintiff’s driver’s license (class 1 large, class 1 common) on the ground of the instant drunk driving (hereinafter “instant disposition”).

C. The Plaintiff dissatisfied with the instant disposition and filed an administrative appeal with the Central Administrative Appeals Commission, but was dismissed on June 30, 2020.

[Ground of recognition] The fact that there is no dispute, Gap's 1 through 3, 7, Eul's 1, 2, 6, and 7, and the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The plaintiff alleged that the plaintiff actively cooperates in the investigation of drunk driving after the drunk driving of this case, 23 years of accidentless driving experience, 23 years of ordinary driving, 1.5 km of the distance of drunk driving, and 1.5 km of the distance of drunk driving is relatively short. The plaintiff is in charge of driving and contracting bus bus operation, and the plaintiff is in need of occupational driving, economic difficulties, and there are family members to support the bus. The disposition of this case exceeded the scope of discretion or abused discretionary power.

B. Determination 1 as to whether a punitive administrative disposition exceeds the scope of discretion under the social norms or abused discretionary power ought to be determined by comparing and balancing the degree of infringement on public interest and the disadvantages suffered by an individual due to such disposition by objectively examining the content of the offense committed as the grounds for the disposition, the public interest to be achieved by the relevant disposition, and all relevant circumstances.

In such cases, even if the criteria for punitive administrative disposition are prescribed in the form of Ordinance, it is only that the administrative agency's internal rules for administrative affairs are prescribed.

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