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(영문) 수원지방법원 2020.07.22 2020구단1913
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 January 10, 2020, at around 23:23:23, the Plaintiff driven a 2 km section from the alcohol level 0.104% under the influence of alcohol level 0.104%, and from the roads in front of the branch of the Gyeonggi-si branch of the Gyeonggi-si, the Plaintiff driven a 2 km section from the roads in front of the Egynam-si branch of the Gyeonggi-si branch of the Egynam-si.

B. On January 30, 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. On February 18, 2020, the Plaintiff filed an administrative appeal against the instant disposition. However, the Central Administrative Appeals Commission dismissed the Plaintiff’s request for administrative appeal on March 17, 2020.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 12, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The gist of the Plaintiff’s assertion is that the disposition of this case should be determined by comparing and balancing the public interest and private interest of the punitive administrative disposition; that there is no personal and material damage accident; that is, a relatively short distance of movement; that is, the use of a usual driving by proxy; that is, active cooperation with an investigation agency; that is, the possibility and risk of criticism; that is, the degree of infringement of private interest caused by the cancellation of a driver’s license is excessive; that is, the case of the company’s proposal is entered before the public competition; that is, the company was listed; that is, the latter and the latter are made; that the Plaintiff is in need of mobility for withdrawal and withdrawal from the company office and business activities; that if the license is revoked, the Plaintiff is unable to perform its principal duties; and that the Plaintiff’s family and parent support, repayment of loans, and the driver’s license is necessary, and thus, the disposition of this case should be revoked because it is excessively excessive to the Plaintiff.

(b).

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