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(영문) 인천지방법원 2020.10.16 2020구단2223
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 11, 2020, at around 20:45, the Plaintiff driven a C vehicle under the influence of alcohol level of 0.138% at the front of Yeonsu-gu Incheon Metropolitan City B, Yeonsu-gu, and was injured by two victims of a traffic accident.

B. On May 6, 2020, the Defendant rendered a decision to revoke the first-class ordinary driver’s license by applying Article 93(1)1 of the Road Traffic Act to the Plaintiff on the ground that the Plaintiff caused a second-class and second-class ordinary driver’s license due to the Plaintiff’s occurrence of one traffic accident while driving under influence as above.

(hereinafter “instant disposition”). C.

On May 19, 2020, the Plaintiff filed an administrative appeal with the Central Administrative Appeals Commission, but was dismissed on June 16, 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 disposition is lawful;

A. Considering that the distance of the Plaintiff’s assertion is relatively short, and that the police officer actively cooperated in the investigation, the Plaintiff’s driver’s license is absolutely necessary due to the characteristics of the Plaintiff’s business and the delivery worker, and that the Plaintiff ought to support his father, the instant disposition is in violation of the law that excessively harshs the Plaintiff, thereby abusing and abusing its discretion.

Therefore, the Plaintiff seeks revocation of the instant disposition.

(b) as shown in the attached Form of the relevant statutes.

C. 1) Whether a punitive administrative disposition deviatess from or abused the scope of discretion under the social norms should be determined by comparing and balancing the degree of infringement on public interest and the disadvantages suffered by individuals by objectively examining the content of the offense, which is the reason for the disposition, and the public interest to be achieved by the relevant disposition, and all the relevant circumstances (see, e.g., Supreme Court Decision 98Du11779, Apr. 7, 2000; 200Du11779, Apr. 7, 2000).

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