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(영문) 수원지방법원 2015.02.11 2014구단4614
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 September 18, 1987, the Plaintiff acquired Class 1 ordinary car driving license (license number B).

B. On October 19, 2014, around 00 00:20, the Plaintiff was driven by the police at approximately 0.142% of blood alcohol level in the 2km section from the roads in front of 531-7, Seocheon-gu, Seocheon-gu, Busan to the roads in front of the 2km-ro 293 Seocheon-ro 2km-ro.

C. On October 29, 2014, the Defendant rendered a disposition to revoke the Plaintiff’s driver’s license as of December 1, 2014 pursuant to Article 93(1)1 of the Road Traffic Act (hereinafter “instant disposition”). D.

On November 7, 2014, the Plaintiff filed an administrative appeal with the Central Administrative Appeals Commission on the instant disposition, but received a dismissal ruling on December 9, 2014.

[Reasons for Recognition] Facts that there is no dispute between the parties, Gap evidence Nos. 1, 2, Eul evidence No. 1, 4 through 14, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion (1) Even though the Plaintiff did not operate a vehicle at the time of the instant crackdown, the police officer’s arrest of the Plaintiff as an offender in the act of drunk driving is not a lawful official duty.

(2) Considering that the Plaintiff’s deviation from discretion, the Plaintiff’s assertion of abuse has no record of drinking alcohol driving, the Plaintiff’s operation of small-scale interior fishery business, etc., the instant disposition is excessively harsh to the Plaintiff, and is unlawful by abusing and abusing the scope of discretion.

B. (1) Determination (1) The Plaintiff’s assertion on the absence of the grounds for disposition in the instant case is a substantial fact in this court that the summary order of KRW 3 million was finalized by the Busan District Court Branch Decision 2014 High Court Branch Decision 2014 High Court Decision 9641. Therefore, this part of the Plaintiff’s assertion

(2) Determination as to the deviation of discretion and abuse of authority (A) revocation of a driver's license on the ground of drinking driving.

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