(영문) 수원지방법원 2020.11.04 2020구단2480

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Text

Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원 2020.11.04 2020구단2480

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 8, 2020, at around 05:45, the Plaintiff driven a DM5-car while under the influence of alcohol level of about 0.096% in a section of approximately 200 meters from the 200 meters from the Hanam-si building to the front road of the Hanam-si Office Office.

B. On March 3, 2020, the Defendant issued a disposition revoking the Class II 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 April 28, 2020.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, Eul evidence 1 to 14, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. In light of the following: (a) the gist of the Plaintiff’s assertion does not occur; (b) personal and material damage caused by the Plaintiff’s drunk driving; (c) the distance of driving is short; (d) the Plaintiff used the Plaintiff’s usual driving; (c) actively cooperate in the investigation and investigation; (d) is currently contrary to the Plaintiff’s duty; and (e) if the Plaintiff’s driver’s license is revoked due to the nature of the Plaintiff’s duty, it is difficult to maintain the Plaintiff’s livelihood with the Plaintiff and his family; and (e) the instant disposition should be revoked because it is too harsh to the Plaintiff and constitutes an

B. Determination 1 of the relevant legal doctrine ought to be determined by comparing and comparing the degree of infringement on public interest and the disadvantage suffered by an individual due to the degree of infringement on public interest by objectively examining the content and degree of violation, which is the reason for the disposition, the degree of violation, the necessity of public interest to be achieved by the disposition, the disadvantage to be borne by the individual, and all relevant circumstances.

Such a restrictive administrative measure.

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