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(영문) 수원지방법원 2019.11.08 2019구단3128
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, 2019, at around 20:25, the Plaintiff, while under the influence of alcohol, driven B K3 automobiles at a 0.129% alcohol level, 3 km from the roads near the Kaodong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong (hereinafter “AD-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong

B. On May 29, 2019, the Defendant issued a disposition to revoke the first-class and second-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 0.1% (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 August 13, 2019.

[Ground of recognition] Facts without dispute, Gap evidence 1, 12 evidence, Eul evidence 1 to 15, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The gist of the Plaintiff’s assertion is that the Plaintiff has caused a traffic accident for about 23 years since the Plaintiff acquired the Plaintiff’s driver’s license, or has no record of driving under the influence of alcohol, and that the Plaintiff would not drive under the influence of alcohol again. The Plaintiff is relatively short in the distance of driving under the influence of alcohol; the Plaintiff is engaged in distribution and sales business; when the Plaintiff is in a position where performance of duties necessary for mobility is impossible when the license is revoked; the Plaintiff is in support of his/her mother and spouse and three children; and the Plaintiff is currently supporting his/her mother and spouse, and the first child and his/her mother and first child should use a vehicle from time to time to time to time to the hospital, and thus the instant disposition should be revoked.

B. The issue of whether a punitive administrative disposition deviatess from or abused the scope of discretion by social norms is the ground for the disposition.

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