logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2020.07.16 2019구단1376
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 September 16, 2019, at around 04:56, the Plaintiff driven C vehicle under the influence of alcohol with a blood alcohol concentration of 0.192% at the front of Daejeon Jung-gu, Daejeon (hereinafter “instant drinking”).

B. On September 25, 2019, the Defendant rendered a disposition to revoke the Plaintiff’s driver’s license (Class I ordinary) 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 November 19, 2019.

[Ground of recognition] The fact that there is no dispute, Gap's 1 through 3, 6, Eul's 1, 2, and 4 (including paper numbers) and the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The plaintiff alleged that the plaintiff actively cooperates in the investigation of the drinking driving of this case after the drinking driving of this case, there was no personal or material damage, the fact that the driver was involved in the accident without accident for 13 years, the fact that the proxy driver was employed, the fact that the driver was not well connected even at the time, which led to the drinking driving, and the distance of the drinking driving is a relatively short of 1km, the plaintiff joined a broadcasting station and is in need of the operation of the vehicle due to a wide range of on-site travel, economic difficulties, and there are family members to support the disposition of this case. In light of all circumstances, 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 the relevant circumstances.

In such cases, the criteria for punitive administrative dispositions are provided in the form of Ministerial Ordinance.

arrow