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(영문) 춘천지방법원 2019.06.11 2019구합192
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 October 3, 2018, at around 00:00, the Plaintiff driven a F PP car while under the influence of alcohol in about 2 km section from the front of the road located in the Hanju-si B to the e-middle school distance located in D in the Won-si.

(hereinafter referred to as “drinking driving of this case”). (b)

At the time of the crackdown on drinking driving of this case, the Plaintiff’s blood alcohol concentration was measured by 0.165%.

C. On October 30, 2018, the Defendant revoked the Plaintiff’s driver’s license (class 1, class 1, class 1, class 2, and class 2 motor vehicles) pursuant to Article 93(1)1 or (3) of the Road Traffic Act on the ground that the Plaintiff was driving the instant motor vehicle.

(hereinafter “instant disposition”) D.

The Plaintiff filed an administrative appeal against the instant disposition on December 31, 2018, but the Central Administrative Appeals Commission rendered a ruling dismissing the Plaintiff’s claim on February 22, 2019.

【Fact-finding without a dispute over the basis of recognition, Gap evidence 1, 2, 3, Eul evidence 1 through 12, the purport of the whole pleadings

2. The Plaintiff asserted that he had been driving without an accident for about 28 years, and did not cause personal and physical accidents due to the pertinent drunk driving, and actively cooperate in the investigation.

The plaintiff has a substantial economic difficulty if he/she fails to drive a motor vehicle because he/she is engaged in the business, and if he/she fails to drive a motor vehicle for a long time, he

Although the Plaintiff had caused further growth to a large-scale punishment in 2001, the Plaintiff died of a large-scale punishment around 2016. The Plaintiff bears the financial right due to large-scale cancer treatment expenses, and the mother who has a disability in 77 years old should support the mother who has a disability.

Considering these circumstances, the instant disposition is deemed to have been excessively harsh to the Plaintiff, and thus, it is unreasonable to deviate from and abused discretionary power.

3. The indication of the relevant regulations shall be as shown in the attached Form;

4. Determination

(a) the scope of discretion by social norms, which is subject to sanctions;

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