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(영문) 대구지방법원 2019.04.24 2018구단2341
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 11, 2018, the Defendant issued a disposition to revoke the Plaintiff’s driver’s license (Class B ordinary) as of October 9, 2018 (hereinafter “instant disposition”) on the ground that the Plaintiff driven D vehicles under the influence of alcohol with a blood alcohol concentration of 0.219% on the road located in Daegu Suwon-gu B on the roads prior to the frequency of the Cthmpon (hereinafter “instant drinking driving”).

B. The Plaintiff filed an administrative appeal against the instant disposition, but the Central Administrative Appeals Commission rendered a ruling dismissing the Plaintiff’s claim on November 6, 2018.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 and 10, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. In light of the following: (a) the Plaintiff’s assertion that drinking driving of this case interferes with traffic flow, or did not cause traffic accidents; (b) the Plaintiff had made efforts to avoid driving under the influence of alcohol by placing a vehicle in the house or using a substitute driving, etc. at the time of driving under the influence of alcohol; (c) at the time of driving under the influence of alcohol of this case, the Plaintiff was working in the E Daegu Branch; (d) the Plaintiff was in charge of driving under the influence of driving under the influence of driving under the influence of alcohol; (c) the need for car driver’s license to manage and guide the agencies in Daegu and North North Korea; (d) the instant disposition makes it difficult for family support difficult due to the instant disposition; and (e) the Plaintiff is in profoundly against the Plaintiff, and thus, the instant disposition is unlawful by abusing

B. Determination 1 whether a punitive administrative disposition deviatess from or abused the scope of discretion by social norms shall be objectively deliberated on the content of the violation, which is the reason for the disposition, the public interest to be achieved by the relevant disposition, and all relevant circumstances, and thereby be at a disadvantage that an individual suffers from such disposition.

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