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(영문) 대전지방법원 2019.07.17 2018구합1338
파면처분취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the instant disposition

A. The Plaintiff was appointed as a local fire fighter on October 21, 1988 and served as the head of the Cheong-nam-do Public Fire Fighting Team since January 18, 2016.

B. On March 10, 2018, while driving a cargo vehicle under the influence of alcohol content of 0.098% on a blood alcohol level, the Plaintiff left the site without immediately stopping the cargo vehicle parked in the reverse direction while driving the access road No. 23 of the national highway 23 from the c apartment to the tent at the west of the official city.

(hereinafter referred to as “instant disposition”). C.

On April 12, 2018, the chief of Chungcheongnam-do fire station requested the Defendant to make a resolution on disciplinary action on the grounds that the Plaintiff committed an act falling under the instant disposition, even though the Plaintiff was found four times due to drunk driving in the past. On April 30, 2018, the Fire Officers Disciplinary Committee of Chungcheongnam-do also decided to dismiss the Plaintiff on the grounds that the instant disposition was recognized, which was in violation of Article 55 (Duty to Maintain Dignity) of the Local Public Officials Act, and on the same day, the Defendant removed the Plaintiff from office (hereinafter “instant disposition”).

On May 25, 2018, the Plaintiff was dissatisfied with the said disposition and requested to review the appeal to the Cheong-do Appeal Committee, Chungcheongnam-do. However, the Plaintiff was dismissed on August 28, 2018.

E. On the other hand, on May 25, 2018, the Plaintiff was sentenced to ten months of imprisonment with prison labor for the instant criminal facts (the violation of the Road Traffic Act and the violation of the Road Traffic Act) in the Daejeon District Court 2018 Godan109 Decided May 25, 2018. On the other hand, the appellate court ( Daejeon District Court 2018No1519) reversed the lower judgment on the ground that the lower court’s punishment was too heavy, and sentenced to a fine of 15 million won on August 24, 2018.

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