(영문) 수원지방법원 2019.10.25 2019구단2804

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(영문) 수원지방법원 2019.10.25 2019구단2804

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 April 26, 2019, the Plaintiff, while under the influence of alcohol at 0.144% of alcohol level, driven B LA car at a 5 km level from the south-dong Incheon National Park, the Nam-gu Incheon National Park, the 238-ro Incheon National Park, the 5 km level from the 17:17th alcohol level.

B. On May 10, 2019, 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 0.1% (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 16, 2019.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 26 evidence, 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 drinking driving, the plaintiff's acquisition of the driver's license that caused a traffic accident for about 27 years, or is expected not to drive under the influence of alcohol again, and is now against the present, and again, the plaintiff will not drive under the influence of alcohol. The plaintiff is currently in charge of the factory support team duties in the company at present, and four factories in Incheon are in charge of the factory support team duties in the company, and the vehicle operation is essential for the inter-factory movement to discuss with the person in charge of decision-making, and the plaintiff needs to support two spouse and two children, and the driver's license is essential in order to take the open spouse into account the fact that the plaintiff's body is too harsh to the plaintiff, and thus, the disposition in 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 by the content of the offense as the grounds for the disposition and the relevant disposition.

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