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(영문) 대구지방법원 2019.12.13 2019구단2508
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 19, 2019, the Defendant rendered a disposition to revoke the Plaintiff’s driver’s license (Class I ordinary) as of August 23, 2019 (hereinafter “instant disposition”) on the ground that the Plaintiff driven C vehicle while under the influence of alcohol of 0.159% in front of Daegu Dong-gu B on June 29, 2019 (hereinafter “instant drinking”).

B. The Plaintiff filed an administrative appeal against the instant disposition, but the Central Administrative Appeals Commission rendered a ruling dismissing the Plaintiff’s claim on October 1, 2019.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion was safely driven without traffic accidents or force of drunk driving for about 16 years since the Plaintiff acquired the driver’s license on September 23, 2004. The driving of the instant case was obstructed by the flow of traffic or the occurrence of accidents, the Plaintiff made efforts to avoid drunk driving by means of entering the vehicle at home or using the vehicle on behalf of clients, etc. In the event that the Plaintiff was working in the food materials distribution company, the Plaintiff’s driver’s license is necessary for carrying out the business and the management of customers, etc., and the family support and debt redemption are very difficult due to the instant disposition, and the Plaintiff’s depth is against the Plaintiff, the instant disposition is an illegal disposition that deviates from discretion and abused by excessively harshing the Plaintiff.

B. Whether a punitive administrative disposition deviates from or abused the scope of discretion by social norms is objectively deliberated on the content of the violation, which is the reason for the disposition, the public interest to be achieved by the relevant disposition, and all relevant circumstances, and thereby, the degree of infringement of public interest and the disposition will be borne by the individual.

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