(영문) 수원지방법원 2020.07.03 2020구단1043

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원 2020.07.03 2020구단1043

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 July 9, 2008, the Plaintiff driven a motor vehicle while under the influence of alcohol 0.092% of alcohol level.

B. After that, on October 27, 2019, the Plaintiff, while under the influence of alcohol of 0.063% of blood alcohol level around 09:42, driven a B rocketing car from the loan operation of the members of Ansan-si to the roads front the Sinsi-si 2202-2, Ansan-do.

C. On November 18, 2019, the Defendant issued a disposition revoking the first-class ordinary driver’s license against the Plaintiff on the ground that the Plaintiff was driving again under the influence of drinking alcohol (hereinafter “instant disposition”). D.

The Plaintiff appealed against the instant disposition and filed an administrative appeal, but the Central Administrative Appeals Commission dismissed the Plaintiff’s request for administrative appeal on February 11, 2020.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3, Eul evidence 1 to 14, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The gist of the plaintiff's assertion is that the loan before the drinking driving is made in the penta, the meeting held by the plaintiff attended the meeting of the plaintiff and the meeting of the plaintiff to drink and the driving of the plaintiff is deemed to be new from 09:00 on the following day after drinking, and the distance of the plaintiff's drinking driving is relatively short, and the plaintiff's driving does not occur any personal or material damage, the plaintiff's self-employed and again will not drive under the influence of drinking. The plaintiff is selling and operating a service as a self-employed person, and if the driver's license is revoked due to the necessity of driving due to the nature of the vehicle, it is possible to perform his/her duties, and the plaintiff must attend the meeting 7 to 10 times a month from the main part of the meeting to Busan, and repay the purchase fund of apartment housing. The disposition of this case is unlawful because it is too harsh to the plaintiff, thereby abusing discretion.

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