logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2020.06.19 2020구단1111
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 November 14, 2019, at around 03:15, the Plaintiff driven B rocketing car while under the influence of alcohol of 0.111%, and 5 km from the front of the mutual influent restaurant in the city of Yanananan-si to the front of the Yan-si in the city of Yananan-si to the middle of the Yan-si Tri-mar tunnel.

B. On December 6, 2019, 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 February 11, 2020.

[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 summary of the Plaintiff’s assertion is relatively short of the distance from driving a motor vehicle without causing personal injury or driving a motor vehicle for about 20 years since the Plaintiff acquired the Plaintiff’s driver’s license, and there is no record of causing traffic accidents or driving a motor vehicle for drinking for about 20 years, and the Plaintiff is expected not to drive a motor vehicle again, and the Plaintiff is currently in his/her daily occupation, and the Plaintiff has been engaged in his/her duties while going through a business trip in Seoul and Gyeonggi area, and there are many local business trips, so it is impossible for the Plaintiff to perform his/her duties if his/her driver’s license is revoked, and the Plaintiff is obliged to support his/her spouse and two children. In light of the above, the instant disposition is revoked since it is too harsh to the Plaintiff and constitutes an abuse of discretionary authority.

B. The issue of whether a punitive administrative disposition deviatess from or abused the scope of discretion by social norms is determined by the content of the offense as the grounds for the disposition and the relevant disposition.

arrow