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(영문) 대전지방법원 2020.07.02 2019구단1260
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 May 30, 2019, at around 21:55, the Plaintiff driven D vehicles under the influence of alcohol concentration of 0.178% at the front of a gas station located in CB in Gangwon-gu, Gangwon-do (hereinafter “instant drinking”).

B. On June 13, 2019, the Defendant rendered a disposition to revoke the Plaintiff’s driver’s license (class 1 large and class 1 common) 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 October 15, 2019.

【Ground of recognition】 The fact that there has been no dispute, Gap 1, 2, Eul 1 through 6, the purport of the whole entries and arguments

2. Whether the disposition is lawful;

A. In light of all circumstances, the Plaintiff’s assertion that interfered with traffic flow or did not cause any traffic accident, the Plaintiff actively cooperatedd in the investigation of drunk driving after the pertinent drunk driving, the fact that it was an accidentless driving career for 14 years, the distance of drunk driving is only 180 meters, and the Plaintiff is engaged in the study of the alternative vehicle fuel field, and is in need of vehicle operation due to a large number of business trips and campings, and there are family members to support, the instant disposition is beyond the scope of discretion or abuse 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 the relevant circumstances.

In such cases, even if the criteria for punitive administrative disposition are prescribed in the form of Ordinance, it shall be prescribed in the administrative agency's internal administrative rules.

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