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(영문) 수원지방법원 2020.04.24 2019구단4701
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 July 21, 2019, at around 03:38, the Plaintiff, while under the influence of alcohol, 0.139% of blood alcohol content, was driving at 2 km from the D sales outlet near Suwon-gu, Suwon-si to the road in front of the distance of Suwon-si, Suwon-si, the Plaintiff was driving at 2km from the D sales outlet near the D sales outlet in Suwon-si to the road in front of the distance of Suwon-si Agricultural and Fisheries Market. On the front bank, the Plaintiff saw the damaged vehicle and 3 passengers, etc. under the influence of the alcohol level for about 3 weeks, resulting in a total of 4 persons, including the victimized vehicle and her passengers, who are in the front bank.

B. On August 17, 2019, the Defendant issued a disposition revoking the first-class ordinary driver’s license against the Plaintiff on the ground that the Plaintiff had injured the Plaintiff due to a traffic accident while driving a drunk (hereinafter “instant disposition”).

C. The Plaintiff filed an administrative appeal against the instant disposition, but the Central Administrative Appeals Commission dismissed the Plaintiff’s request for administrative appeal on November 19, 2019.

[Ground of recognition] Facts without dispute, Gap evidence 2 through 5, Eul evidence 1 to 15, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The gist of the plaintiff's assertion has been using a substitute driving in ordinary places, currently against the present condition and again, the plaintiff is working in the gold processing company, and the company is working in a gold processing company, where it is difficult for the company to commute to and from work due to public transportation, and where the driver's license is revoked, the plaintiff's spouse and two children should be supported by the plaintiff, and the plaintiff's residence is leased apartment, and it is very difficult to extend the loan due to the plaintiff's application for rehabilitation, and thus, it is difficult to do so in the current economic situation. In light of the above, the disposition of this case should be revoked because it is too harsh to the plaintiff, thereby abusing discretion.

B. Whether the first punitive administrative disposition deviates from or abused the scope of discretion by social norms.

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