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(영문) 수원지방법원 2020.02.07 2019구단4176
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 May 18, 2019, at around 04:10, the Plaintiff driven a B-to-purd passenger vehicle with a blood alcohol concentration of 0.206%, and 39km from the roads near the Seocheon-si Station in the Sucheon-si Station to the Young-si Highway ( upper 39km) located in the Suwon-si Station.

B. On August 8, 2019, the Defendant issued a disposition revoking the first-class ordinary driver’s license against the Plaintiff on the ground that the Plaintiff was under the influence of alcohol with a blood alcohol level of at least 0.1% (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 October 22, 2019.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3, Eul evidence 1 to 14, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The gist of the Plaintiff’s assertion is that the Plaintiff has no history of traffic accident or driving under the influence of alcohol for about 11 years since the Plaintiff acquired the Plaintiff’s driver’s license, and that the Plaintiff is expected not to drive under the influence of alcohol again, against the present one-year period. In light of the fact that the Plaintiff is a pharmaceutical company’s member, who is an employee of the pharmaceutical company, and is in the position of managing its customers while driving at least 100 to 150 kilometers per day with the allocation of its customers by father and Incheon, and that the license has to be revoked by carrying medicines and promotions into the vehicle, making it impossible for the Plaintiff to perform its duties and should discontinue its duties. The instant disposition is revoked because it is too harsh to the Plaintiff, thereby abusing its discretionary power.

B. Whether a punitive administrative disposition deviatess from or abused the scope of discretion by social norms, or whether it constitutes an abuse of discretionary power, shall objectively deliberate on the content of the violation as the grounds for the disposition, the public interest to be achieved by the relevant disposition, and all the circumstances complying with the disposition, thereby infringing the public

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