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(영문) 광주지방법원 2018.04.12 2017구단2366
자동차운전면허취소처분취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of disposition;

A. On September 3, 2017, the Plaintiff holding a Class 1 driver’s license and a Class 1 ordinary driver’s license was under the influence of alcohol with a blood alcohol concentration of 0.146% on the front side of B, 2017, and was under the control of police officials.

B. On September 28, 2017, the Defendant notified the revocation of the Plaintiff’s Class I ordinary driver’s license on the ground of the above drunk driving.

(hereinafter “instant disposition”). C.

The Plaintiff filed an administrative appeal against the instant disposition, but the claim was dismissed on November 7, 2017.

【Ground of recognition】 The fact that there has been no dispute, Gap 1, 2, Eul 1 through 11, the purport of the whole pleadings and arguments

2. Whether the instant disposition is lawful

A. In full view of the following facts: (a) while driving a dump truck with the Plaintiff’s argument, the Plaintiff did not engage in an urgent service but did not dump, making little alcohol in nearby convenience points; (b) the Defendant, who drives a dump truck, does not necessarily need a driver’s license; (c) dump truck, supported the Defendant without property; (d) economically poor, such as being living in the month; (e) the Defendant, who drives a dump truck with a middle school academic background, is difficult to have another occupation when the license is revoked; (e) support his family members; and (e) if the driver’s license is revoked, there is a greater disadvantage than the public interest to be gained due to the instant disposition; and thus, (e) the instant disposition is unlawful by abusing or abusing discretion.

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

C. 1) Determination of whether a punitive administrative disposition deviatess from or abused the scope of discretion by social norms ought to be made by comparing and balancing the degree of infringement on public interest and the disadvantages suffered by an individual’s disposition by objectively examining the content of the violation, which is the reason for the disposition, the public interest to be achieved by the relevant disposition, and all the relevant circumstances (see, e.g., Supreme Court Decision 200Hun-

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