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(영문) 수원지방법원 2020.08.14 2020구단1869
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 17, 2020, at around 00:15, the Plaintiff driven B K5 cars while under the influence of alcohol with 0.108% of alcohol level, and 3 meters of 3 meters in front C in light light.

B. On February 12, 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 March 17, 2020.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3, 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 plaintiff has been in charge of drinking alcohol and the substitute engineer is driving only a short distance for a direct parking of the parking lot because the parking lot is narrow enough, there is no personal damage due to the plaintiff's drinking driving, there is no traffic accident or no history of driving for about 20 years since the plaintiff acquired the driver's license, the plaintiff is going against and again not driving under the influence of drinking, and the plaintiff is in charge of marketing in the feed-manufacturing company. The plaintiff is in charge of marketing in the feed-manufacturing company, but if the driver's license is revoked due to the need to visit the farm from time to time due to the reason that the driver's license is revoked, it is difficult to perform his duties, and the plaintiff must support his spouse and two children, support the plaintiff's old children, and pay his debts, etc., so the disposition of this case in this case should be revoked because it is an abuse of discretionary power by excessively deviating from the plaintiff.

B. Determination 1 punitive administrative disposition is socially accepted.

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