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(영문) 서울행정법원 2015.12.17 2015구단60306
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 July 24, 2015, around 00:20 on July 24, 2015, the Plaintiff was under the influence of driving C motor vehicles with blood alcohol concentration of 0.21% at the front of Gangseo-gu Seoul Metropolitan Government B.

B. On August 4, 2015, the Defendant issued a disposition to revoke the Plaintiff’s first-class ordinary driver’s license (D) on September 4, 2015 (hereinafter “instant disposition”).

C. The Plaintiff filed an administrative appeal against the instant disposition, but the said claim was dismissed on or around September 22, 2015.

[Reasons for Recognition] Facts without dispute, Gap evidence 12, Eul evidence 1 to 11, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. On July 23, 2015, the Plaintiff asserted that: (a) the Plaintiff parked a vehicle at a road parking lot front of a restaurant; and (b) provided a drink with his/her staff.

After meal, the plaintiff sent a substitute driver for himself/herself and his/her employees, sent the substitute driver first before the vehicle, and continued to serve as the substitute driver.

At that time, three male people who may know of that, one of them has been ordered to get the driver to be deducted from the police of his own her own, and the plaintiff has been forced to drive the remaining in a yellow situation.

The plaintiff was arrested by the plaintiff on the immediate report of one of the defects in driving, which is illegal as a naval investigation.

The plaintiff is only driving one meter per meter.

The plaintiff is a technical employee who is indispensable for the company and is essential to drive his/her business, so the driver's license is necessary to maintain his/her livelihood.

In full view of all the circumstances, the instant disposition was erroneous in the abuse of discretionary power.

(b) The details of the relevant statutes are as shown in the attached statutes.

C. (1) Determination 1) Whether it is a disposition based on a naval investigation, or whether it is a disposition based on a naval investigation, causing a person who does not have the original criminal intent to commit a crime by means of deception, attack, etc., and arresting the criminal.

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