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(영문) 대전지방법원 2020.11.26 2020구단1358
자동차운전면허취소처분취소
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Details of the disposition;

A. On March 26, 2020, at around 20:25, the Plaintiff driven C vehicle under the influence of alcohol with a blood alcohol concentration of 0.104% at the front of Asan City B (hereinafter “instant drinking”).

B. On April 10, 2020, the Defendant issued a disposition to revoke the Plaintiff’s driver’s license (the Plaintiff’s license of large class 1, class 1, class 1, large dog, salvage, and class 2 motorcycle) on the ground of the instant drunk driving (hereinafter “instant disposition”).

C. The Plaintiff dissatisfied with the instant disposition and filed an administrative appeal with the Central Administrative Appeals Commission, but was dismissed on July 14, 2020.

【Ground of recognition】 The fact that there has been no dispute, Gap Nos. 1, 5, 17, Eul No. 1, 2, and 4, and the purport of the whole pleadings

2. Whether the disposition is lawful;

A. In light of all circumstances, such as the Plaintiff’s assertion that the flow of traffic was obstructed or the occurrence of a traffic accident, the driving experience for 22 years, the driving distance for drinking is relatively short of 3 km, the Plaintiff actively cooperated in an investigation into driving after driving under the influence of alcohol, and the Plaintiff was moving through the agency driver’s dispute over the Plaintiff’s daily behavior and the agency engineer’s actions, which led to the driving under the influence of alcohol, the Plaintiff’s driver’s license is essential, economic difficulty is experienced, and there is a family member to support, etc., the instant disposition is beyond the scope of discretion or abuse discretionary power.

B. Determination 1 as to whether a punitive administrative disposition exceeds the scope of discretion under the social norms, or abused discretionary power, shall be objectively deliberated on the content of the offense committed as the ground for the disposition, the public interest to be achieved by the relevant disposition, and all relevant circumstances, thereby resulting in the infringement of public interest and the relevant disposition.

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