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(영문) 대전지방법원 2020.08.13 2020구단522
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 December 26, 2019, at around 22:36, the Plaintiff driven D vehicles under the influence of alcohol 0.178% in front of a restaurant located in Seo-gu Daejeon (hereinafter “instant drinking”).

B. On January 23, 2020, the Defendant rendered a disposition to revoke the Plaintiff’s driver’s license (class 1, class 2, class 2, and class 2 motorcycles) 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 March 3, 2020.

[Ground of recognition] The fact that there is no dispute, Gap's Nos. 1, 2, Eul's No. 1, 2, and 5 (including virtual numbers) and the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The plaintiff asserted that the plaintiff actively cooperates in the investigation of drinking driving after the driving of this case, the personal or physical damage did not occur, the 29-year experience of accidentless driving, the 29-year experience of ordinary driving, the 29-year experience of ordinary driving, the fact that it was discovered that the plaintiff moved to find an acting engineer because he did not wait at the time, and was exposed to crackdown, and the distance of drinking driving is short, the plaintiff's vehicle operation is essential because 24-hour travels are high in the characteristics of the elevator repair engineer, economic difficulties are experienced, and there are family members to support the vehicle. In light of all circumstances, the disposition of this case exceeded the scope of discretion or abused discretionary power.

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.

(e).

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