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(영문) 광주지방법원 2018.04.26 2018구단282
자동차운전면허취소처분취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of disposition;

A. On October 11, 2017, the Plaintiff holding a Class 1 ordinary driver’s license was under the influence of 0.16% of blood alcohol level on the C frontway located in B around October 2017, and was under the influence of 0.43% of alcohol level, and was under the control of police officials.

B. On November 2, 2017, the Defendant notified the revocation of the Plaintiff’s Class I ordinary driver’s license on the ground of the above drunk driving.

(hereinafter “instant disposition”). C.

The Plaintiff filed an administrative appeal against the instant disposition, but the claim was dismissed on January 9, 2018.

【Ground of recognition】 The fact that there has been no dispute, Gap's 1 through 3, Eul's 1 through 10, the purport of the whole pleadings and arguments

2. Whether the instant disposition is lawful

A. Comprehensively taking account of the following: (a) the Plaintiff’s alleged taxi that entered the Plaintiff’s assertion but has been forced to drive; (b) the Plaintiff did not cause an accident due to the instant disposition; (c) used a taxi during ordinary drinking; (d) actively cooperated in the investigation; (e) education and business trips; (c) the cancellation of the driver’s license is a public official of the Military Administration who is in need of necessity due to a large number of business trips; (d) the cancellation of his/her livelihood is obstructed if his/her driver’s license is revoked; and (e) voluntary activities to assist difficult neighbors are continued; and (e) the instant disposition is more unfavorable than that of the public interest that may be gained due to the instant disposition; and (e) the instant disposition is a violation of law that deviates from or abused the discretion.

(b) as shown in the attached Form of the relevant statutes;

C. (1) Determination 1) Whether a punitive administrative disposition deviatess from or abused the scope of discretion by social norms shall be determined by comparing and balancing the degree of infringement on public interest and the disadvantages suffered by an individual’s disposition by objectively examining the content of the act of violation, which is the reason for the disposition, the public interest to be achieved by the act of disposal, and all relevant circumstances, etc. (see, e.g., Supreme Court Decision 98Du11779, Apr. 7, 200).

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