(영문) 수원지방법원 2020.02.07 2019구단4022

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(영문) 수원지방법원 2020.02.07 2019구단4022

자동차운전면허취소처분취소

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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 9, 2019, at around 03:30, the Plaintiff driven BMW car while under the influence of alcohol of 0.132%, and 800 meters from the front of the Dong-gu, Ansan-si to the front of the Gosan-si, Ansan-si, the Plaintiff driven the BMW car from around 03:30% of alcohol level.

B. On July 27, 2019, the Defendant issued a disposition revoking the first-class ordinary driver’s license against the Plaintiff (hereinafter “instant disposition”) on the ground that the Plaintiff was under the influence of alcohol with a blood alcohol level of at least 0.08%, which is the criteria for revoking the license.

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 15, 2019.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3, Eul evidence 1 to 12, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The gist of the plaintiff's assertion does not cause any personal or material damage due to the plaintiff's drunk driving, the plaintiff's self-employed and will not drive again, and the plaintiff is operating and purchasing business as a self-employed person. The plaintiff is in the business of purchasing and selling goods from home to home because the distance from workplace to home is 90 km or 90 km away from home to home, so that the plaintiff can not commute to and from work due to public transportation, and if the license is revoked, it is impossible to perform his duties, and it is a place to retire from work, and the plaintiff's spouse, two children, mother, and child should support so long as they are too harsh to the plaintiff, so the disposition of this case is revoked.

B. The issue of whether a punitive administrative disposition deviatess from or abused the scope of discretion by social norms is determined, the content of the offense as the grounds for the disposition, and the public interest to be achieved by the relevant disposition, and all relevant issues.

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