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(영문) 수원지방법원 2020.09.11 2020구단2671
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 January 9, 2020, while under the influence of 00:20.161% of blood alcohol content, the Plaintiff driven B EXE car, from the roads near the Hayang-dong, Yongsan-gu, Seoul to the roads in front of the E Licensed Real Estate Agent in Seo-gu Incheon, Seo-gu, Incheon, while driving a 16 km car. The Plaintiff: (a) saw the backer of T 5-si, which was stopped on the front side of the Plaintiff, to the fronter of the Plaintiff; (b) tried back the fronter of the K5-si, who was stopped after the launch, and then stopped the fronter of the said K5-si, which was parked on the front of the vehicle in this process, with the Plaintiff sufficient part of the right bridge of the said 5-si driver who was on the front side of the vehicle; and (c) caused injury to the said victimized vehicle for about two weeks, respectively.

B. On February 10, 2020, the Defendant issued a disposition revoking the first-class ordinary driver’s license against the Plaintiff on the ground that the Plaintiff had injured the Plaintiff due to a traffic accident while driving a drunk (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 May 12, 2020.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3, Eul evidence 1 to 15, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The gist of the Plaintiff’s assertion is against the Plaintiff, and the Plaintiff is expected not to drive under the influence of alcohol again, and the Plaintiff is in charge of business as a small and medium enterprise member, and the Plaintiff is in charge of business as a local customer company and low-rating, and is in charge of overseas business due to the frequent performance of duties and the driver’s license is essential, so if the driver’s license is revoked, it is difficult to perform his duties, and the Plaintiff is obliged to support his spouse and bear various expenses for his family’s living. In light of the above, the instant disposition is too harsh to the Plaintiff, thereby abusing its discretionary power.

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