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(영문) 대전지방법원 2020.08.13 2020구단720
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 December 28, 2019, at around 00:00, the Plaintiff driven C vehicle under the influence of alcohol with a blood alcohol concentration of 0.183% at the front of Asan City B (hereinafter “instant drinking”).

B. On January 13, 2020, the Defendant rendered a disposition to revoke the Plaintiff’s driver’s license (class 1 common) on the ground of the instant drunk driving (hereinafter “instant disposition”).

C. The Plaintiff dissatisfied with the instant disposition and filed an administrative appeal with the Central Administrative Appeals Commission, but was dismissed on March 31, 2020.

[Ground of recognition] The fact that there is no dispute, Gap's 1 through 3, 6, Eul's 1 and 2, and the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The plaintiff alleged that the plaintiff actively cooperated in the investigation of drinking alcohol after the driving of the instant case, there was no personal or material injury, the accidentless driving experience since 2014, the use of the ordinary driving, the use of the representative driver at the time, the plaintiff's waiting time was leading to the driving of drinking alcohol, and the plaintiff's vehicle operation is essential, economic difficulties, and there are family members who should support the facility at the facility management corporation, taking into account all circumstances, such as the fact that the disposition of this case exceeded the scope of discretionary authority or abused discretionary authority.

B. Determination 1 as to whether a punitive administrative disposition exceeds the scope of discretion under the social norms or abused discretionary power ought to be determined by comparing and balancing the degree of infringement on public interest and the disadvantages suffered by an individual due to such disposition by objectively examining the content of the offense committed as the grounds for the disposition, the public interest to be achieved by the relevant disposition, and all relevant circumstances.

In this case, the criteria for punitive administrative disposition are provided in the form of Ministerial Ordinance.

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