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(영문) 수원지방법원 2020.04.03 2020구단170
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 29, 2019, at around 22:07, the Plaintiff driven B rocketing car under the influence of alcohol by 0.116%, and 500 meters from Incheon Jung-gu to the same front of D.

B. On October 2, 2019, the Defendant issued a disposition revoking the first-class ordinary driver’s license against the Plaintiff (hereinafter “instant disposition”) on October 2, 2019, on the ground that the Plaintiff was under the influence of alcohol with a blood alcohol level of at least 0.08%, which is the criteria for revoking the license.

C. The Plaintiff filed an administrative appeal against the instant disposition, but the Central Administrative Appeals Commission dismissed the Plaintiff’s request for administrative appeal on December 3, 2019.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3, Eul evidence 1 to 12, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The summary of the plaintiff's assertion is relatively short of the distance of driving without causing any personal injury or injury due to the plaintiff's drinking driving, the plaintiff's acquisition of the driver's license that caused a traffic accident for about seven years, has no record of driving under the influence of alcohol, and the plaintiff's self-employed business is going to not drive under the influence of alcohol again, and the plaintiff's own business is being conducted. The plaintiff's main business is carrying out a self-employed business. The plaintiff's main business is to attend a business trip for each region upon request of samples of food additives and deliver the appropriate samples to the Korean food research institute and factory, so it is essential for the driver to drive, and it is in the situation where the license is revoked due to the cancellation of the license's license's license's expiration of 128 km away from the place of residence and office, making it impossible for the plaintiff to perform his/her duties, and taking into account the fact that the plaintiff must support his/her spouse and children, and make repayment of debts, etc., the disposition of this case should be revoked because it excessively deviates from discretion.

B. The judgment 1 punitive administrative disposition is discretionary in terms of social norms.

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