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(영문) 대전지방법원 2020.06.18 2020구단89
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 13, 2019, at around 03:02, the Plaintiff driven B vehicle under the influence of alcohol level of 0.081% on the roads front of Samsung C&U.S. on the roads in front of Samsung C&U.S. (hereinafter “instant drinking”).

B. On August 14, 2019, the Defendant issued a disposition to revoke the Plaintiff’s driver’s license (class 1 ordinary and class 2 motorcycles) on the ground of the instant drunk driving (hereinafter “instant disposition”).

C. The Plaintiff dissatisfied with the instant disposition and filed an administrative appeal with the Central Administrative Appeals Commission, but was dismissed on November 22, 2019.

【Ground of recognition】 The fact that there has been no dispute, Gap's 1, 3 evidence, Eul's 1 through 10, the purport of the whole entries and arguments

2. Whether the disposition is lawful;

A. In light of all circumstances, the Plaintiff asserted that he actively cooperated in the investigation of drinking alcohol after the pertinent drunk driving, that is, the driving experience of an accident for 10 years, that is, the distance of drunk driving is less than 5 meters due to the occurrence of contact with the taxi in the parking lot, that is, the distance of the drinking driving is less than 5 meters, that the Plaintiff is working for three-dimensionals as its members and is essential to drive a vehicle because the distance from his place of work is far away from his place of work, and that there is an economic difficulty, the instant disposition is beyond the scope of discretion

(b) Entry in the attached Form of relevant Acts and subordinate statutes;

C. Determination 1 as to whether a punitive administrative disposition exceeds the scope of discretion under the social norms or abused discretionary power ought to be determined by comparing and balancing the degree of infringement on public interest and the disadvantages suffered by an individual due to such disposition by objectively examining the content of the offense committed as the grounds for the disposition, the public interest to be achieved by the relevant disposition, and all relevant circumstances.

In such cases, even if the criteria for punitive administrative disposition are prescribed in the form of Ordinance, it shall be prescribed in the administrative agency's internal administrative rules.

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