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(영문) 수원지방법원 2020.10.23 2020구단3278
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 February 14, 2020, at around 00:50, the Plaintiff driven Brane car with a level of 0.128% alcohol, while under the influence of alcohol at around 00:50, and 9 km from the front of the road located in Sungnam-si, Sungnam-si to D in his/her own city.

B. On March 17, 2020, the Defendant issued a disposition revoking the Class I ordinary and Class II ordinary driver’s license (hereinafter “instant disposition”) 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 revoking the license.

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 June 16, 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. The gist of the plaintiff's assertion does not cause any personal or material damage due to the plaintiff's drinking driving, the plaintiff's acquisition of the driver's license has caused a traffic accident for about 23 years or has no record of driving under the influence of alcohol, the plaintiff's resistance and again is expected not to drive under the influence of alcohol, and the plaintiff must not drive under the influence of alcohol. Since the plaintiff must have the same-sex relationship as the one in which the plaintiff directly finds his/her customer's will every day while working in a technical business office and directly finds his/her own will every day, the cancellation of the driver's license is difficult to perform his/her duties, and the plaintiff must pay the principal and interest of the bank loan, and bear the expenses of his/her parents' living, etc., the disposition of this case should be revoked because it is in violation of law of abuse of discretion by excessively harshing the plaintiff.

B. The issue of whether a punitive administrative disposition deviates from or abused the scope of discretion by social norms is intended to be achieved by the content of the offense as the grounds for the disposition and by the relevant disposition.

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