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(영문) 수원지방법원 2020.11.13 2020구단3520
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. At around 00:50 on May 28, 2020, the Plaintiff driven B X-ray car while under the influence of alcohol of 0.140%, and 500 meters from the roads inside the Suwon-si C market in Suwon-si to the front of the E agency located in the same Gu.

B. On June 11, 2020, the Defendant issued a disposition revoking the first-class ordinary driver’s license against the Plaintiff 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 base value for revocation of the license (hereinafter “instant disposition”).

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 July 21, 2020.

[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 summary of the Plaintiff’s assertion is relatively short that human and physical damage did not occur due to the Plaintiff’s drinking driving and the distance from driving is relatively short, and the Plaintiff is expected not to drive under the influence of alcohol again, and the Plaintiff is required to gather the disabled who live with the wheelchairs as a sports leader with disabilities, participate in various disabled events held across the country, and have the same mobility at all times due to the relationship with the disabled players to assist in the daily life of the disabled players. When the driver’s license is revoked, it is difficult to perform their duties, and it is necessary for the Plaintiff to support his spouse and two children, and to complete payment such as loans, automobile installment, etc., etc., the instant disposition should be revoked as it is erroneous in the misapprehension of discretionary power because it is too harsh to the Plaintiff.

B. The issue of whether a punitive administrative disposition deviatess from or abused the scope of discretion by social norms is the subject of the disposition.

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