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(영문) 대구지방법원 2018.09.19 2018구단1102
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 March 20, 2018, the Defendant issued a disposition to revoke the Plaintiff’s driver’s license (class 1 ordinary) as of April 21, 2018 (hereinafter “instant disposition”) on the ground that the Plaintiff driven B vehicles while under the influence of alcohol at a level of 0.101% in the front of the two clubs and tunnels located in the Geum-gu, Daegu Suwon-dong (hereinafter “instant driving”).

B. The Plaintiff filed an administrative appeal against the instant disposition, but the Central Administrative Appeals Commission rendered a ruling dismissing the Plaintiff’s claim on May 9, 2018.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 and 13, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion is that, although the Plaintiff was not a substitute driver with the degree of 4 residues of beer, the Plaintiff was not a substitute driver, resulting in the instant drinking operation. The Plaintiff’s driver’s license is essential because the Plaintiff is in charge of the welfare services for the use of vehicles every day while working in the C comprehensive Social Welfare Center, the Plaintiff’s loss of livelihood, including the Plaintiff and the mother, is very difficult for the Plaintiff and his family members, and the Plaintiff’s blood alcohol concentration at the time of the instant drinking driving is minor to 0.101%, and the Plaintiff is in profoundly against the drinking driving. In light of the above, the instant disposition is excessively harsh to the Plaintiff, and thus, it is unlawful for the Plaintiff to deviate from and abuse its discretion.

B. Determination 1 as to whether a punitive administrative disposition deviates from or abused the scope of discretion by social norms ought to be determined by comparing and balancing the degree of infringement on public interest and the disadvantages suffered by an individual by objectively examining the content of the violation, which is the reason for the disposition, the public interest to be achieved by the relevant disposition, and all relevant circumstances.

and Presidential Decrees.

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