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(영문) 춘천지방법원 2020.09.08 2020구합198
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. At around 16:59 on July 16, 2019, the Plaintiff driven a vehicle of 1km with a distance of about 0 km from the Masan-si Burdo to the entrance of Masan-si, Masan-si, Masan-si, Masan-si, with a blood alcohol concentration of about 0.251% under the influence of alcohol.

(hereinafter referred to as “drinking driving of this case”). (b)

On August 29, 2019, the Defendant issued a disposition to revoke the Plaintiff’s driver’s license stated in the Plaintiff’s claim pursuant to Article 93(1)1 of the Road Traffic Act on the ground of the instant drunk driving.

(hereinafter “instant disposition”). C.

The Plaintiff filed an administrative appeal against the instant disposition on November 26, 2019, but the Central Administrative Appeals Commission rendered a ruling dismissing the said claim on January 14, 2020.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 7, Eul evidence 1 to 3, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. Considering the fact that the Plaintiff’s assertion did not cause a traffic accident, the distance of movement is short, and the driver’s license is necessary to the door-to-door occupation, which is currently an occupation, and the revocation of the license causes difficulties in supporting the family and maintaining their livelihood, the instant disposition is excessively unreasonable and is in violation of the law of abuse of discretionary power.

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

C. Whether a punitive administrative disposition, such as deviation from or abuse of discretionary power, exceeds the scope of discretionary power under the 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 ground for the disposition, the public interest to be achieved by the act of disposition, and all the circumstances in question. In this case, if the criteria for the punitive administrative disposition are prescribed in the form of Ministerial Ordinance, such criteria per se are not in conformity with the Constitution or laws, or a punitive administrative disposition in accordance

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