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(영문) 의정부지방법원 2018.01.17 2017구단1825
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 August 17, 2017, the Defendant revoked the Plaintiff’s driver’s license stated in the purport of the claim on the ground that “the Plaintiff driven a car under the influence of alcohol 0.131% of alcohol level on July 6, 2017” against the Plaintiff.

(hereinafter “instant disposition”). (b)

On September 4, 2017, the Plaintiff appealed and filed an administrative appeal with the Central Administrative Appeals Commission, but the Central Administrative Appeals Commission dismissed the appeal on November 1, 2017.

[Ground of recognition] Facts without dispute, Gap evidence No. 22, Eul evidence No. 1 to 12, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion is against the law by abusing and abusing discretionary authority, which does not take into account the fact that the Plaintiff is currently engaged in a car sales position and thus, the driver’s license is essential, and if the license is revoked, it would be de facto and threaten the livelihood.

(b) Entry in the attached Form of relevant statutes;

C. Whether a punitive administrative disposition deviates from or abused the scope of discretion under the social norms shall be determined by comparing and balancing the degree of infringement on public interest and the disadvantages suffered by an individual due to the disposition, by objectively examining the content of the act of violation as a ground for the disposition, the public interest to be achieved by the act of disposition, and all the relevant circumstances. In this case, even if the criteria for a punitive administrative disposition are prescribed in the form of Ordinances of Ministries, it is nothing more than that prescribed in the internal business rules of the administrative agency, and it is not effective externally to the public or the court. The issue of whether the disposition is legitimate should be determined in accordance with the contents and purport of the relevant

Although it can not be said that the disposition is legitimate, the above disposition disposition itself is constitutional.

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