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(영문) 춘천지방법원 2019.11.05 2019구합611
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 April 9, 2019, at around 23:39, the Plaintiff driven a Cro vehicle under the influence of alcohol at a section of about 150 meters from the front day of the original city B, Nowon-gu, Nowon-gu, 119 Safety Center, and then run a Cro vehicle at a section of about 150 meters from the original city B to the parking lot.

(hereinafter referred to as “drinking driving of this case”). (b)

At the time of the crackdown on drinking driving of this case, the Plaintiff’s blood alcohol concentration was measured by 0.289%.

C. On May 9, 2019, the Defendant revoked the Plaintiff’s driver’s license (class 1 common) pursuant to Article 93(1)1 or (3) of the Road Traffic Act on the ground that the Plaintiff was driving the instant drunk.

(hereinafter “instant disposition”) D.

The Plaintiff filed an administrative appeal against the instant disposition on May 20, 2019, but the Central Administrative Appeals Commission rendered a ruling dismissing the Plaintiff’s claim on July 16, 2019.

【Fact-finding without a dispute over the basis of recognition, Gap evidence 1, 2, 3, Eul evidence Nos. 1 through 13, the purport of the whole pleadings

2. The plaintiff's assertion did not obstruct the flow of traffic or cause any traffic accident due to the drinking driving of this case.

The actual distance of the plaintiff's movement is relatively short.

The plaintiff led to the confession of the facts of the offense and cooperate in the investigation.

The plaintiff is a full-time employee, and the location of the plaintiff's living is a region where the bus reaches a large number of hours 1-2 hours, and so a driver's license is essential to maintain the livelihood.

The plaintiff is in a position to support his spouse and undergraduate children.

Considering these circumstances, the instant disposition is deemed to have been excessively harsh to the Plaintiff, and thus, it is unreasonable to deviate from and abused discretionary power.

3. The attachment to the relevant Acts and subordinate statutes shall be as specified;

4. Determination

A. Whether a punitive administrative disposition deviates from or abused the scope of discretion by social norms or not is objectively the content of the offense as the grounds for the disposition, the public interest to be achieved by the relevant disposition, and all other relevant circumstances.

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