logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울행정법원 2017.11.15 2017구단30125
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 May 23, 2017, at around 21:27, the Plaintiff was given 130 points with the highest point of 130 points (the highest point of 30 points as a breach of traffic classification and 100 points with the highest point of 100 points as the above drinking driving) on the ground that the Plaintiff was under the influence of 0.062% of blood alcohol level while driving Benz vehicles under the influence of alcohol level 96 as a school inspector in Songpa-gu Seoul.

B. On June 7, 2017, the Defendant issued a disposition to revoke the Plaintiff’s driver’s license (Class 1 large, class 1 large, class 1 large, and class 1 large, etc.) (hereinafter “instant disposition”) on the ground that the Plaintiff exceeded the base point of 130 points per year (121 points).

C. The Plaintiff dissatisfied with the instant disposition and filed an administrative appeal with the Central Administrative Appeals Commission on July 6, 2017, but was dismissed on August 31, 2017.

【Ground of recognition】 The fact that there has been no dispute, Gap 2, 4, Eul 1 through 8, the purport of the whole pleadings and arguments

2. The assertion and judgment

A. In light of the fact that the Plaintiff’s assertion was moving to a coffee shop in which he had completed the meals at the time, and the said violation was committed, and that there was no personal injury due to drinking driving of the instant case, the Plaintiff’s occupation or business characteristics (such as the development of bar code and labelling program, but the business and installation, and repair are directly needed) of the vehicle operation is essential, and the instant disposition causes difficulties in the livelihood of the Plaintiff and his family (or economic difficulties other than the Plaintiff due to the parent’s dementia and the spouse’s depression), the instant disposition was abused by exceeding the scope of discretionary authority, or by abusing discretionary authority.

B. Whether the instant legal disposition exceeds the scope of discretion under the social norms, or abused discretion, is the subject matter of disposition, and the public interest to achieve by the pertinent disposition.

arrow