(영문) 전주지방법원 2020.04.08 2019구단1357

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 전주지방법원 2020.04.08 2019구단1357

자동차운전면허취소처분취소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Details of the disposition

A. On August 12, 2019, the Plaintiff, while under the influence of alcohol 0.182% (the result of the application of the Fdmark formula) with blood alcohol content 0.182% (the result of the application of the Fdmark formula), was driving D (hereinafter “instant drunk driving”).

B. On September 19, 2019, the Defendant rendered a disposition to revoke the Plaintiff’s first-class driver’s license on the ground of the instant drunk driving (hereinafter “instant disposition”).

C. The Plaintiff dissatisfied with the instant disposition and filed an administrative appeal on October 15, 2019, but the Central Administrative Appeals Commission rendered a ruling dismissing the Plaintiff’s request for administrative appeal on December 3, 2019.

[Based on the fact that there is no dispute, Gap evidence Nos. 1 and 2, Eul evidence Nos. 1 and 1 through 14, and the purport of the whole pleading of this case is legitimate, and the plaintiff's assertion of the disposition of this case is justified, and thus, the plaintiff's mistake is recognized, and the plaintiff does not drive under the influence of alcohol again. The plaintiff actively cooperate in the investigation, the driving distance is short, the plaintiff is an dump truck driver's license is essential in the characteristics of business, the driver's license is difficult to maintain his/her livelihood if the driver's license is revoked, his/her family and economic difficulties are supported, and the disposition of this case is unlawful since it exceeds the scope of discretionary power or abused discretionary power.

Judgment

Whether the relevant legal doctrine or punitive administrative disposition deviates from or abused the scope of discretionary power 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 violation as the grounds for the disposition, the public interest to be achieved by the relevant disposition, and all relevant circumstances. In such cases, even if the standards for punitive administrative disposition are prescribed in the form of Ordinance,

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