(영문) 수원지방법원 2020.11.25 2020구단3728

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Text

Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원 2020.11.25 2020구단3728

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 16, 2020, at around 22:19, the Plaintiff driven C motor vehicle with a 100-meter alcohol level of 0.124% under the influence of alcohol level on the roads near Jung-gu Incheon, Jung-gu.

B. On May 27, 2020, the Defendant issued a disposition revoking the Class II ordinary driver’s license 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 August 11, 2020.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 6, Eul evidence 1 to 12, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. In light of the following: (a) the gist of the Plaintiff’s assertion does not occur; (b) personal and material damage caused by the Plaintiff’s drunk driving; (c) the driving distance is relatively short; (d) the Plaintiff has used the Plaintiff’s usual driving; (d) actively cooperated in the investigation and investigation; (e) the Plaintiff is currently contrary to the Plaintiff’s occupation; and (d) the Plaintiff’s driver’s license is necessarily required due to the characteristics of the Plaintiff’s occupation; and (e) if the driver’s license is revoked, the Plaintiff’s family’s livelihood is difficult; and (e) the instant disposition is so harsh that the Plaintiff

B. Determination 1 of the relevant legal doctrine ought to be determined by comparing and comparing the degree of infringement on public interest and the disadvantage suffered by an individual due to the degree of infringement on public interest by objectively examining the content and degree of violation, which is the reason for the disposition, the degree of violation, the necessity of public interest to be achieved by the disposition, the disadvantage to be borne by the individual, and all relevant circumstances.

The criteria for such sanctions are set in the form of Ministerial Ordinance.

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