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(영문) 수원지방법원 2020.01.10 2019구단3968
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 July 17, 2019, the Plaintiff: (a) while under the influence of alcohol of 0.079% of blood alcohol content at around 01:20, the Plaintiff: (b) driven the BcocoC car from the Mosan-dong of Geumcheon-gu Seoul Metropolitan Government to the 49,000 non-university entrance of the Sinung National University from the Soti City to the 3rd road of the 49,000 non-university; (c) was driven by the driver of the damaged vehicle and his/her passengers for approximately two weeks of treatment.

B. On August 2, 2019, the Defendant issued a disposition to revoke each driver’s license stated in the purport of the claim against the Plaintiff on August 2, 2019, on the ground that the Plaintiff had injured the Plaintiff due to a traffic accident (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 October 15, 2019.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3, Eul evidence 1 to 14, 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 has caused a traffic accident for about 13 years since the Plaintiff acquired the Plaintiff’s driver’s license, or has no record of driving under the influence of alcohol, and is going against the present, and again is trying not to drive under the influence of alcohol, and the Plaintiff is carrying out the construction-related work as the Plaintiff’s source. The Plaintiff is obliged to visit the construction site of 2,3 places a day with heavy materials and visit the construction site at the outside place where most of the construction sites are not in contact with public transportation, and if the license is revoked due to the relationship where the construction site is not always in contact with public transportation, it is impossible to perform his/her duties, and it is necessary for the Plaintiff to support the guide alone. In light of the above, the instant disposition is revoked because the Plaintiff is excessively harsh to the Plaintiff, thereby abusing the discretion.

B. The judgment 1 punitive administrative disposition is discretionary in terms of social norms.

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