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(영문) 의정부지방법원 2016.06.22 2016구단5103
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 October 13, 2015, the Defendant revoked the Plaintiff’s license to drive a motor vehicle stated in the Plaintiff’s purport of the claim on the ground that “the Plaintiff driven a motor vehicle under the influence of alcohol at around 21:15, Sept. 6, 2015,” which read that “the Plaintiff driven a motor vehicle under the influence of alcohol content of 0.233%.”

(hereinafter “instant disposition”). (b)

On December 14, 2015, the Plaintiff appealed and filed an administrative appeal with the Central Administrative Appeals Commission, but the Central Administrative Appeals Commission dismissed the request on January 17, 2016.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 to 13, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion that the plaintiff is driving under the above influence of alcohol.

Although an accident caused a minor damage to a substitute, a driver has been driven in order to move his vehicle without any choice in the absence of a person to request the driving of a vehicle on the phone that takes the vehicle parked in the resident preferential parking zone by drinking on the commercial building. The plaintiff, as a personal taxi driver, lost his occupation when the driver's license is revoked, is difficult to support two daughters studying in the wife and Canada, and the disposition of this case which is not taken into account is unlawful by abusing his discretion.

(b) Entry in the attached Form of relevant statutes;

C. Whether a punitive administrative disposition deviates from or abused the scope of discretion under the social norms shall be determined by comparing and balancing the degree of infringement on public interest and the disadvantages suffered by an individual due to the disposition, by objectively examining the content of the offense as the grounds for the disposition, the public interest to be achieved by the relevant disposition, and all the relevant circumstances. In this case, even if the criteria for the punitive administrative disposition are prescribed in the form of Ministerial Ordinance, it is nothing more than that prescribed in the internal rules for administrative affairs.

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