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(영문) 대구지방법원 2019.05.31 2019구단182
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 November 8, 2018, the Defendant issued a disposition revoking the Plaintiff’s driver’s license (class 1 large, class 1 ordinary, large towing, and class 2 motorcycle) as of December 6, 2018 (hereinafter “instant disposition”) on the ground that the Plaintiff driven D vehicles under the influence of alcohol level of 0.130% (hereinafter “instant drinking driving”) on the roads front of the Gumisi-si B around October 2018, on the ground that the Plaintiff was under the influence of alcohol level of 0.130%.

B. The Plaintiff filed an administrative appeal against the instant disposition, but the Central Administrative Appeals Commission rendered a ruling dismissing the Plaintiff’s claim on December 21, 2018.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. In light of the following, the Plaintiff’s assertion made efforts to avoid driving under the influence of alcohol by opening a vehicle at home or using a substitute driving, etc., the Plaintiff used a substitute driving even before driving under the influence of alcohol in this case; the Plaintiff’s operation as the head of the trade company; the Plaintiff’s operation as the head of the trade company; the Plaintiff’s operation as the head of the trade company; the Plaintiff’s driver’s license is essential for performing his duties; when the instant disposition is revoked, the Plaintiff’s mother’s movement from the military branch at the workplace could not help the Plaintiff to live in the field of alone; the Plaintiff’s mother’s mother’s movement was humping; the Plaintiff’s depth goes against the Plaintiff’s family members; and both the Plaintiff’s family members and his/her children want to stay in the line of the Plaintiff, and thus, the instant disposition was unlawful by abusing discretion by excessively harshing the Plaintiff.

B. The determination of 1 punitive administrative disposition deviates from or abused the scope of discretion by social norms, which is the grounds for the disposition.

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