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(영문) 청주지방법원 2019.11.14 2019구합687
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 March 18, 2019, at around 14:50, the Plaintiff, while driving a motor vehicle with Dgggals in front of the Cacta-gun B located in Chungcheongnam-gun, Chungcheongbuk-gun, he was under the influence of police officials in a state of galloning in the vehicle. The Plaintiff’s pulmonary measurement conducted around 15:12 on the same day, the Plaintiff’s blood alcohol concentration was measured at 0.196%.

B. On March 27, 2019, the Defendant issued a disposition to revoke the Plaintiff’s driver’s license (Class 1 large, Class 1 common) pursuant to Article 93(1)1 of the Road Traffic Act (hereinafter “instant disposition”) on the ground that the Plaintiff was driven under the influence of alcohol 0.196% in blood.

C. The Plaintiff dissatisfied with the instant disposition and filed an administrative appeal with the Central Administrative Appeals Commission on May 9, 2019, but the Central Administrative Appeals Commission dismissed the Plaintiff’s claim on July 9, 2019.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 19, Eul evidence Nos. 1, 2, 12, and 16 (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination on the legitimacy of the instant disposition

A. In light of the fact that the Plaintiff’s alleged drunk driving did not cause personal and material damage, the Plaintiff’s acquisition of a driver’s license on November 30, 1990 without any record of driving until the transfer of the instant case, and the Plaintiff, as a taxi driver, must have a driver’s license due to its occupational characteristics, and if the driver’s license is revoked, the Plaintiff and his family’s livelihood are more difficult, the instant disposition is erroneous in the misapprehension of discretionary authority.

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

C. Whether the lawfulness of the instant disposition has exceeded or abused the scope of discretion by social norms, the public interest should be objectively deliberated on the content of the instant disposition, which is the grounds for the disposition, the public interest to be achieved by the relevant disposition, and all other relevant circumstances.

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