(영문) 수원지방법원 2020.07.17 2020구단1999

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원 2020.07.17 2020구단1999

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 15, 2019, at around 03:31, the Plaintiff driven a B SP site under the influence of alcohol level of 0.097%, and 500 meters from Geumcheon-gu Seoul to D’s front roads.

B. On January 16, 2020, the Defendant issued a disposition to revoke each driver’s license stated in the claim against the Plaintiff on the ground that the Plaintiff was under the influence of alcohol with a blood alcohol level of at least 0.08%, which is the base value for revocation of the license (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 March 31, 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 instant disposition is lawful

A. In light of the purport of the Plaintiff’s assertion that human and physical damage did not occur due to the Plaintiff’s drinking driving, and the distance of driving is relatively short, the Plaintiff is against and again expected not to drive under the influence of alcohol, and the Plaintiff is in the position to cease to perform his/her duties when the driver’s license is revoked due to the need of mobility due to the nature of his/her duties due to engaging in night delivery services, the Plaintiff is unable to perform his/her duties, and is in the position to discontinue his/her duties when the driver’s license is revoked, and the Plaintiff must support her mother and her child, and bear the medical expenses of her mother and her child and pay the loan, etc., the instant disposition should be revoked since it constitutes an

B. Determination 1 whether a punitive administrative disposition deviatess from or abused the scope of discretion by social norms or not is the grounds for the disposition, and the degree of infringement of public interest and the disadvantage suffered by an individual due to the disposition, by objectively examining the content of the offense as the grounds for the disposition in question, the public interest to be achieved by the disposition in question,

유사 판례

-수원지방법원 2020.04.03 2020구단71

-수원지방법원 2020.04.03 2020구단170

-수원지방법원 2020.07.10 2020구단1845

-수원지방법원 2019.10.11 2019구단1801

-수원지방법원 2020.11.20 2020구단3667