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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 25, 1996, the Plaintiff acquired a Class 1 ordinary driver’s license, and on April 5, 2019, the Plaintiff was subject to a disposition of suspension of driver’s license for 50 days from April 27, 2019 to June 15, 2019 on the ground of a violation of the duty of prohibition of drinking by the Chief of Mine Police Station.
B. On June 15, 2019, at around 16:50 on June 15, 2019, the Plaintiff driven a B rocketing car from the 16 two-lane Tririri-ririri-ri, a lightlight.
C. On July 2, 2019, the Defendant rendered a disposition revoking a driver’s license (Class I ordinary) to the Plaintiff on July 2, 2019, on the ground that the Plaintiff driven a motor vehicle during the suspension period of the driver’s license (hereinafter “instant disposition”).
The Plaintiff filed an administrative appeal against the instant disposition on July 26, 2019, but the Central Administrative Appeals Commission dismissed the Plaintiff’s petition for administrative appeal on August 29, 2019.
【Ground of recognition】 The fact that there is no dispute, Gap's 1, 2, Eul's 2, Eul's 5 through 10 (including branch numbers), and the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s alleged driving distance is only 1 km, and the Plaintiff is an employee in charge of the business and is essential to maintain the Plaintiff’s driver’s license due to frequent business activities. Considering all circumstances, such as the Plaintiff’s loss of occupation, economic difficulties, and family members to support the instant disposition, the instant disposition is excessively harsh to the extent of discretion or abuse of discretionary authority.
B. Whether a punitive administrative disposition exceeds the scope of discretion under the social norms, or abused discretionary power, is the cause of the disposition, and objectively examines the content of the offense committed as the reason for the disposition, the public interest to be achieved by the relevant disposition, and all the relevant circumstances, and thereby, the degree of infringement on the public interest and the disadvantage that an individual