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(영문) 인천지방법원 2020.05.12 2020구단50
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 September 30, 2019, the Plaintiff driven B vehicles while under the influence of alcohol at around 22:20, with a blood alcohol concentration of 0.138%.

B. Accordingly, on October 17, 2019, the Defendant rendered a notification of revocation of a driver’s license (class 1 ordinary and class 2 ordinary) to the Plaintiff.

(hereinafter “instant disposition”). C.

The administrative appeal filed by the Plaintiff against the instant disposition was dismissed on December 10, 2019.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 7, Eul evidence 1 to 9, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. Considering the fact that the Plaintiff’s alleged driver’s license had been engaged in exemplary driving for 25 years without traffic accidents or driving skills, the distance of movement is relatively short of 1km, the use of ordinary driving by proxy, confessions, etc., the driver’s license is absolutely absolutely necessary for food safety-related quality control duties of the food distribution company currently in office and for long-distance commuting, etc., the maintenance of livelihood, family support, difficulties in debt redemption, the Plaintiff’s spouse and mother’s health are not good when the driver’s license is revoked, and the Plaintiff’s spouse and mother’s health have completed education for regional safety, etc., the instant disposition is deemed unlawful by abusing discretionary power, as it is far more unfavorable to the Plaintiff’s disadvantage that is infringed than the public interest to be achieved.

B. 1) Determination of whether a punitive administrative disposition deviatess from or abused the scope of discretion under the social norms should be made by comparing and balancing the degree of infringement of public interest and the disadvantages suffered by an individual’s disposition by objectively examining the content of the act of violation, which is the reason for the disposition, the public interest achieved by the relevant act of disposal, and all the relevant circumstances (see, e.g., Supreme Court Decision 98Du11779, Apr. 7, 2000). If the disposition standards are prescribed by Presidential Decree or Ordinance of the Ministry, the disposition standards themselves

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