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(영문) 대전지방법원 2020.09.10 2020구단867
자동차운전면허취소처분취소
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Details of the disposition;

A. On December 11, 2019, at around 03:00, the Plaintiff driven C vehicle while under the influence of alcohol 0.231% in front of Seo-gu, Seo-gu, Seo-gu, Seo-gu (hereinafter “instant drinking”).

B. On February 11, 2020, the Defendant rendered a disposition to revoke the Plaintiff’s driver’s license (class 1, class 2, and class 2) 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 April 28, 2020.

【Ground of recognition】 The fact that there has been no dispute, Gap Nos. 1, 2, 5, Eul No. 1, 4, 5, and 8, and the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The plaintiff alleged that the plaintiff actively cooperates in the investigation of drinking driving after the driving of the instant case, the 14-year driving experience, the 14-year driving experience, the fluence of the ordinary driving, the fluence of the fluence, the fluence of the fluence of the engineer, but the fluence of the engineer was not assigned, resulting in drinking driving, which is a relatively short of 500 meters distance, and the fluence of the fluence of the fluence. The plaintiff is engaged in technical service, and the fluence of the vehicle is essential, economic difficulties, and there are family members to support the fluence of the instant disposition. In light

B. 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 inside the administrative agency.

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