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(영문) 제주지방법원 2020.09.22 2019구합846
자동차운전면허취소처분취소
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. On August 17, 2005, the Plaintiff acquired a Class 1 ordinary driver’s license.

On August 16, 2019, the Plaintiff driven a D low-priced vehicle while under the influence of alcohol level of 0.164% at the entrance of C company located in Jeju Island B, at the entrance of C company located in B.

On August 29, 2019, the Defendant rendered the instant disposition to the Plaintiff on the ground of the above drinking alcohol driving.

The Plaintiff dissatisfied with the instant disposition and filed an administrative appeal with the Central Administrative Appeals Commission on October 7, 2019, but was dismissed on November 19, 2019.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 7, Eul evidence 1 to 14, the purport of the whole pleadings

2. The plaintiff's main purport of the plaintiff's assertion was to actively cooperate in the investigation of the investigation agency about the above drinking driving.

At the time, the driving distance is relatively short, and there was no personal injury due to drinking driving.

Since the acquisition of a driver's license, the Plaintiff has been driving safely without any traffic accident or influence of drunk driving.

The plaintiff is engaged in the food delivery business, and the vehicle operation is essential in the course of commuting to and from work, and there are family members to support and economic difficulties.

In light of the above overall circumstances, the instant disposition is erroneous in deviation from or abuse of discretion.

3. Attached statements to the relevant Acts and subordinate statutes;

4. Whether a punitive administrative disposition deviates from or abused the scope of discretion by social norms shall be determined by comparing and balancing the degree of infringement of public interest and the disadvantages suffered by an individual due to the disposition, by objectively examining the content of the act of violation as the grounds for the disposition, the public interest achieved by the act of disposition, and all the relevant circumstances, etc.

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