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(영문) 대전지방법원 2019.03.21 2018구단1102
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 17, 2018, around 06:15, the Plaintiff driven a C-Motor vehicle while under the influence of alcohol concentration of 0.120% on the front of Sejong-si B.

B. Accordingly, on August 20, 2018, the Defendant rendered a disposition to revoke the Plaintiff’s driver’s license (class 1 ordinary) (hereinafter “instant disposition”) on August 31, 2018.

C. The Plaintiff filed an administrative appeal against the instant disposition, but the said claim was dismissed on October 23, 2018.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, Eul evidence Nos. 1 through 5, and 10, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. In light of the purport of the Plaintiff’s assertion that the Plaintiff has been engaged in exemplary driving for 12 years since the Plaintiff acquired the driver’s license, that the Plaintiff cannot perform its principal duties when the license is revoked, and that it is difficult to maintain his livelihood, the instant disposition is excessively harsh to the Plaintiff, thereby abusing or abusing the discretion.

B. Whether a punitive administrative disposition deviates from or abused the scope of discretionary power under the social norms shall be determined by comparing and balancing the degree of infringement on public interest and the disadvantages suffered by an individual due to the disposition, by objectively examining the content of the act of violation as the grounds for the disposition, the public interest to be achieved by the act of disposition, and all the relevant circumstances. In this case, even if the criteria for the punitive administrative disposition are prescribed in the form of Ordinance of the Ministry, it is nothing more than that prescribed in the internal administrative affairs rules of the administrative agency, and it is not effective externally to the public or the court. The issue of whether the disposition is legitimate should be determined not only in accordance with

Although the disposition can not be regarded as legitimate, the above disposition disposition itself is the Constitution or law.

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