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(영문) 수원지방법원 2020.05.15 2020구단422
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, 2019, at around 01:19, the Plaintiff driven a B QM6 car under the influence of alcohol level of 0.128%, and 300 meters from the place on which it was not handed over in Suwon-si, Suwon-si, to the roads front of Dongwon-si.

B. On October 28, 2019, the Defendant issued a disposition to revoke the first-class 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 December 20, 2019.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, Eul evidence Nos. 1 to 13, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The summary of the plaintiff's assertion did not cause any personal or material damage due to the plaintiff's drinking driving, the driving distance is relatively short, the plaintiff did not have any history of causing any traffic accident or driving under influence for about nine years since the plaintiff's acquisition of the driver's license, and the plaintiff is going against the present one and is expected not to drive under influence again, and the plaintiff is in charge of the design business at the office of the certified architect. The plaintiff is in charge of the design business at the office of the certified architect, the distance from the house to the usual workplace is 37 km, so it is necessary to drive the vehicle for commuting, and the vehicle needs to be operated for the on-site inspection and the movement of the company employees, so if the license is revoked, it is difficult to perform his/her duties to commute to the workplace and discontinue his/her work. Considering that the plaintiff's body's body needs to leave the hospital as a vehicle with the off-line, and that the loan should be repaid and abused, the disposition of this case should be revoked since it excessively deviates from the plaintiff's discretion.

B. Determination 1 punitive administrative disposition is socially accepted.

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