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(영문) 대전지방법원 2020.10.15 2020구단843
자동차운전면허취소처분취소
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Details of the disposition;

A. On February 21, 2020, at around 20:05, the Plaintiff driven C vehicle under the influence of alcohol 0.183% in front of Hong-gun Hong-gun, Hongsung (hereinafter “instant drunk”).

B. On March 2, 2020, the Defendant issued a disposition to revoke the Plaintiff’s driver’s license (hereinafter “instant disposition”) on the ground of the instant drunk driving (large-type 1, class 1, class 2, class 2, class 2, class 2, and class 2) (hereinafter “instant disposition”).

C. The Plaintiff dissatisfied with the instant disposition and filed an administrative appeal with the Central Administrative Appeals Commission, but was dismissed on April 28, 2020.

【Ground of recognition】 The fact that there has been no dispute, Gap Nos. 1, 2, 5, Eul No. 1, 2, 4, and 6, and the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The plaintiff alleged that the plaintiff actively cooperated in the investigation of drinking alcohol driving after drinking alcohol driving in this case, the distance of drinking driving is only 50 meters, the plaintiff is in the convenience store distribution delivery post, and the vehicle operation is essential, economic difficulties are experienced, and there are family members to support. The disposition of this case is beyond the scope of discretion or abuse of discretion.

B. Determination 1 as to whether a punitive administrative disposition exceeds the scope of discretion under the social norms or abused discretionary power ought to be determined by comparing and balancing the degree of infringement on public interest and the disadvantages suffered by an individual due to such disposition by objectively examining the content of the offense committed as the grounds for the disposition, the public interest to be achieved by the relevant disposition, and all relevant circumstances.

In this case, even if the criteria for punitive administrative disposition are prescribed in the form of Ordinance, it is nothing more than that prescribed in the administrative agency's internal rules for administrative affairs, and it is not effective externally to guarantee citizens or courts, and whether the pertinent disposition is legitimate or not.

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