(영문) 수원지방법원 2020.09.11 2020구단2701

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(영문) 수원지방법원 2020.09.11 2020구단2701

자동차운전면허취소처분취소

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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 March 28, 2020, at around 01:10, the Plaintiff driven a car with B-pluger while under the influence of alcohol at 0.116% of alcohol level, and one meter on the front road of Mapopo City.

B. On April 15, 2020, the Defendant issued a disposition revoking the first-class 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 May 26, 2020.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 5, Eul evidence 1 to 13, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The gist of the Plaintiff’s assertion is that the Plaintiff is a drinking place with his son, and the Plaintiff must put the waste so that the vehicle can be moved, and the vehicle is demanded to drive a short distance of about 1m for parking, and the contact was caused and controlled as a drinking driving, the Plaintiff is going against and again going to stop driving, and the Plaintiff is working as a bus driver, and the Plaintiff is in the position of being unable to perform his duties if his driver’s license is revoked, making it impossible to perform his duties, and the Plaintiff must provide support to his son and redeem a large amount of debts, and thus, the instant disposition should be revoked. In light of the above, the instant disposition is too harsh to the Plaintiff, and thus, it should be revoked.

B. Determination 1 whether a punitive administrative disposition deviatess from or abused the scope of discretion by social norms or not is the grounds for the disposition, and the degree of infringement of public interest and the disadvantage suffered by an individual due to the disposition, by objectively examining the content of the offense as the grounds for the disposition in question, the public interest to be achieved by the disposition in question,

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