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(영문) 서울행정법원 2018.02.02 2017구단36208
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 August 12, 2017, at around 04:40, the Plaintiff driven a car with a blood alcohol concentration of 0.142% on the front of Songpa-gu Seoul, Songpa-gu, Seoul (hereinafter “instant drunk driving”) and driven a eight-lane road in the direction of diving in the direction of diving, while driving the eight-lane road in the direction of diving, the Plaintiff driven a motor vehicle driving across the center line of the opposite direction and driven a four-lane in the opposite direction to the opposite direction (three personal damage; hereinafter “instant traffic accident”).

B. On September 8, 2017, the Defendant rendered a disposition to revoke the Plaintiff’s driver’s license (Class II common) on the ground of the instant traffic accident caused by the instant drunk driving (hereinafter “instant disposition”).

C. The Plaintiff filed an administrative appeal against the instant disposition, but the said claim was dismissed on November 14, 2017.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 19, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion is unlawful by abusing and abusing discretion, in light of the fact that the Plaintiff was a model driver for about nine years since the Plaintiff obtained the Plaintiff’s license without traffic accidents or drinking skills, and that the Plaintiff’s driver’s license is essential to maintain duties and support his/her family members.

B. Whether a punitive administrative disposition deviates from or abused the scope of discretion under the social norms shall be determined by comparing and balancing the degree of infringement of 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 achieved by the relevant disposition, and all the relevant circumstances. In this case, even if the criteria for punitive administrative disposition are prescribed in the form of Ordinance, it shall be inside the administrative agency.

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