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(영문) 수원지방법원 2021.02.19 2020구단4844
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 August 25, 2020, while under the influence of alcohol level of 0.151% among the blood transfusion around 23:00, the Plaintiff driven the B K5 car at the front of the D cafeteria located in Luxembourg, and the D cafeteria at the front of the D cafeteria located in Luxembourg-si to the front of the branch office of the Gyeonggi-gu Road Traffic Authority Gyeonggi-gu 41-ro 3-ro, Young-gu, Young-si, Gi-gu, and caused the injury to the victimized vehicle by putting the damaged vehicle under the influence of approximately two weeks.

B. On September 21, 2020, the Defendant issued a disposition revoking the Class II ordinary driver’s license against the Plaintiff on September 21, 2020 on the ground that the Plaintiff had injured the Plaintiff due to a traffic accident while driving alcohol (hereinafter “instant disposition”).

(c)

The Plaintiff filed an administrative appeal against the instant disposition, but the Central Administrative Appeals Commission dismissed the Plaintiff’s administrative appeal on November 6, 2020.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 2, 3, Eul evidence Nos. 1 to 18, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The purport of the Plaintiff’s assertion is against the Plaintiff, and the Plaintiff would not drive drinking again.

In light of the fact that the Plaintiff is engaged in the business as a member of the company. The Plaintiff is in the position of a member of the company. Since the driver's license is essential due to the characteristics of the business, it is difficult to perform his/her principal duties when the driver's license is revoked, and the Plaintiff must pay his/her principal and interest to the Plaintiff with his/her liability, and have to have the thickness of financial assistance so that he/she may not have any economic assistance. The instant disposition should be revoked because it is too harsh to the Plaintiff and it is an abuse of discretion.

B. 1) Determination whether a punitive administrative disposition deviatess from or abused the scope of discretionary power in light of social norms shall be made by objectively examining the content of the offense on which the disposition was the basis of the disposition, the public interest to be achieved by the relevant disposition, and all the circumstances pertaining thereto, and thereby infringing the public interest.

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