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(영문) 대전지방법원 2020.10.29 2020구단997
자동차운전면허취소처분취소
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Details of the disposition;

A. On March 4, 2020, at around 02:58, the Plaintiff driven B vehicle while under the influence of alcohol 0.095% in front of the normal distance of the Sinwon-Eup, Sejong Special Self-Governing Province (hereinafter “instant drinking”).

B. On March 19, 2020, the Defendant rendered a disposition to revoke the Plaintiff’s driver’s license (class I, II, and II) on the ground of the instant drunk driving (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 May 12, 2020.

【Ground of recognition】 The fact that there has been no dispute, Gap Nos. 1, 19, 20, Eul No. 1, 2, and 4, and the purport of the whole pleadings

2. Whether the disposition is lawful;

A. In light of all circumstances, the Plaintiff asserted that he actively cooperated in the investigation of drunk driving after the pertinent drunk driving, 40 years of accidentless experience, she was a long distance, she was not connected to the operation of a long-distance village, she was operated by the vehicle, she did not have a traffic accident, she was a dentist, she was in need of the operation of a vehicle with a long distance from his workplace, she was a family member to support her mother-child care and support her, etc., the instant disposition was abused by exceeding the scope of discretionary authority or by abusing discretionary authority.

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 such cases, even if the criteria for punitive administrative disposition are prescribed in the form of Ministerial Ordinance, it shall be an administrative agency.

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