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(영문) 수원지방법원 2020.02.21 2019구단4282
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 31, 2019, at around 02:55, the Plaintiff driven Brane car with a blood alcohol level of 0.157%, and 500 meters from the roads adjacent to the Yagu Seo-gu, Ansan City C Park to the E parking lot located in the same Gu D under the influence of alcohol level of 0.157%.

B. On August 21, 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 22, 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. In light of the following: (a) the intent of the Plaintiff’s assertion did not cause personal injury or injury due to the Plaintiff’s drunk driving; and (b) the distance from driving was relatively short; (c) the Plaintiff was in office as a company member, with approximately one-hour demand from the company at the place of residence; (d) there was no direct bus; and (e) transfer several times due to the revocation of the driver’s license due to frequent retirement from the new wall, there is a lot of difficulty in commuting to and from work; and (e) the Plaintiff should bear the family’s living cost and pay the principal and interest of the loan, etc., the instant disposition should be revoked as it was excessively excessive to the Plaintiff

B. Determination 1 whether a punitive administrative disposition deviatess from or abused the scope of discretion by social norms or not shall 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 violation as the grounds for the disposition in question, the public interest to be achieved by the relevant disposition in question, and all relevant circumstances.

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