logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2021.01.27 2020구단3865
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 June 4, 2020, around 06:24, the Plaintiff driven a motor vehicle E while under the influence of alcohol content of about 0.179% in a section of approximately 100 meters from the roads near the C Hospital in Gwangju City to the roads near the D in Gwangju City.

B. On June 16, 2020, the Defendant issued a disposition to revoke the Plaintiff’s Class 1 ordinary and Class 2 driver’s license (hereinafter “instant disposition”) on the ground that the Plaintiff was driven while under the influence of alcohol more than 0.08% in blood, which is the base value for revocation of license.

(c)

The Plaintiff filed an administrative appeal against the instant disposition, but the Central Administrative Appeals Commission dismissed the Plaintiff’s administrative appeal on August 18, 2020.

[Grounds for Recognition] Unsatisfy, Gap evidence Nos. 1 through 5, Eul evidence Nos. 1 through 11, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The main point of the Plaintiff’s assertion is that human and material damage caused by the Plaintiff’s driving of alcohol does not occur, the distance of driving is short, the Plaintiff used his/her ordinary driving as an agent, the fact that the Plaintiff has been operating on an exemplary basis without the influence of drinking, the fact that he/she actively cooperated in the investigation and investigation, and the fact that he/she currently cooperates in the investigation and investigation, and he/she does not drive a drinking again.

In light of the fact that the driver's license is revoked when the driver's license is necessarily required due to the Plaintiff's occupation (a certified broker) characteristics, the termination of the living is difficult, and the instant disposition is too harsh to the Plaintiff, and thus, it should be revoked.

B. 1) Determination of whether the relevant legal doctrine or punitive administrative disposition deviatess from or abused the scope of discretion is based on the content and degree of the act of inducing the disposition, the necessity of the public interest to be achieved by the disposition, the disadvantage to be borne by the individual, and all relevant circumstances, etc., and the degree and disposition of the public interest infringement.

arrow