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(영문) 광주지방법원 2018.12.13 2018구단1124
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 March 8, 2018, the Plaintiff, holding a Class 1 ordinary driver’s license, caused an accident of hiding a vehicle parked in front of the Hacheon-si C Apartment, while driving a B B B B B B B B B B B B B B B B at a drunken level of 0.15 percent alcohol level.

B. On April 7, 2018, the Defendant notified the revocation of the Plaintiff’s respective driver’s license on the ground of the above drunk driving.

(hereinafter “instant disposition”). C.

The plaintiff appealed and filed an administrative appeal with the Central Administrative Appeals Commission, but the Central Administrative Appeals Commission rendered a ruling of dismissal on June 12, 2018.

【Ground of recognition】 The fact that there is no dispute, Gap 1, 2, 4, 8, Eul 1 through 12, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion is that the plaintiff sent a substitute driver on hand with the club fee after completing a meeting with the club fee, but the number exchange is forgotten to be forgotten that the driver did not mislead the driver, and caused a minor drilling accident while waiting for the driver, used his mistake in ordinary driving, actively cooperate in the investigation and actively cooperate in the investigation, and is engaged in the business of manufacturing and delivering the log households. If the driver's license is revoked, it is more unfavorable than the public interest that the plaintiff's spouse and children supported by the plaintiff and his father and his mother's children are prevented from living. Thus, the disposition of this case is erroneous in the misapprehension of discretionary power.

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

C. Determination 1 as to whether a punitive administrative disposition deviatess from or abused the scope of discretion by social norms, shall objectively deliberate on the content of the violation, which is the reason for the disposition, the public interest to be achieved by the relevant disposition, and other relevant circumstances.

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