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(영문) 대전지방법원 2020.10.29 2020구단1242
자동차운전면허취소처분취소
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Details of the disposition;

A. On April 9, 2020, at around 00:15, the Plaintiff driven C vehicle under the influence of alcohol level of 0.126% in front of Daejeon Dong-gu, Daejeon (hereinafter “instant drinking”).

B. On May 7, 2020, the Defendant rendered a disposition to revoke the Plaintiff’s driver’s license (Class 1 common) 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 July 14, 2020.

[Ground of recognition] The fact that there is no dispute, Gap's 1 through 4, 7, Eul's 1, 2, and 7 (including virtual numbers) 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 drunk driving after the drunk driving of this case, the 11-year experience experience, the use of usual driving, the distance of drunk driving is about 4 km, the plaintiff's vehicle operation is essential, economic difficulties are experienced, and there are family members to support. The disposition of this case exceeded the scope of discretionary authority or abused 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 this case, even if the standard of punitive administrative disposition is prescribed in the form of Ordinance, it is nothing more than that of the administrative agency's internal rules for administrative affairs, and therefore there is no effect to guarantee the people or the court externally.

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