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(영문) 수원지방법원 2020.09.23 2020구단3087
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 26, 2020, at around 00:00, the Plaintiff driven C Leroman’s car with approximately 10m alcohol level 0.214% under the influence of alcohol level on the front of the Seocho-gu Seoul Metropolitan Government B building.

B. On May 12, 2020, the Defendant issued a disposition revoking the first-class ordinary driver’s license against the Plaintiff on the ground that the Plaintiff was under the influence of alcohol with a blood alcohol level of at least 0.08%, which is the base value for revocation of the license (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 June 16, 2020.

[Reasons for Recognition] Facts without a partial dispute, Gap evidence Nos. 1 through 6, Eul evidence Nos. 1 through 13, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. In light of the following: (a) the gist of the Plaintiff’s assertion does not cause any personal and material damage caused by the Plaintiff’s drunk driving; (b) the distance of the vehicle is shorter than 2-3 meters; (c) the Plaintiff has used the Plaintiff’s usual driving; (d) actively cooperated in the investigation and investigation; (e) is currently contrary to the Plaintiff’s duty; and (d) the Plaintiff’s driver’s license is always required due to the nature of the Plaintiff’s selective driving; and (e) if the driver’s license is revoked, it is difficult for the Plaintiff and his family members to maintain their livelihood, the instant disposition should be revoked because it is too harsh to the Plaintiff and constitutes an unlawful act of deviation from

B. Determination 1 of the relevant legal doctrine ought to be determined by comparing and comparing the degree of infringement on public interest and the disadvantage suffered by an individual due to the degree of infringement on public interest by objectively examining the content and degree of violation, which is the reason for the disposition, the degree of violation, the necessity of public interest to be achieved by the disposition, the disadvantage to be borne by the individual, and all relevant circumstances.

Such sanctions.

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