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(영문) 서울행정법원 2019.02.20 2018구단24165
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 August 23, 2018, at around 04:09, the Plaintiff driven Cchip car with a blood alcohol concentration of 0.171% under the influence of alcohol in Namyang-si B.

B. On September 19, 2018, the Defendant notified the Plaintiff of the revocation of the Class 1 ordinary vehicle driver’s license (hereinafter “instant disposition”) on September 19, 2018, on the ground that the Plaintiff was under the influence of alcohol with a blood alcohol level of at least 0.1%.

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 6, 2018.

【Ground of recognition】 The fact that there has been no dispute, Gap Nos. 1, 2, Eul No. 1, 6 through 11, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff asserts that the disposition of this case is unlawful for the following reasons.

1) The Plaintiff: (a) was an agent for returning home at the time, but the person accompanied in the parking lot was assaulted by 5,6, and 5, and scambling another person; and (b) the Plaintiff’s violation of drinking alcohol driving is not subject to sanctions in light of such circumstances, since the Plaintiff was in the signboard installation date and the Plaintiff was in need of driving a motor vehicle, and thus, it is extremely harsh and abused discretion, considering various circumstances such as making it difficult for the Plaintiff to maintain his occupation and livelihood with the instant disposition.

B. Sanction against a violation of administrative laws and regulations is a sanction against a violation of an administrative law that leads to the objective fact of violation of administrative laws and regulations to achieve administrative purposes. Thus, barring any special circumstance, such as where a breach of duty is not caused due to a justifiable reason, barring any intention or negligence, it shall be imposed even on the violator, barring any special circumstance.

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