logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2019.05.24 2019구단457
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 July 7, 2018, the Plaintiff, while under the influence of alcohol at 01:30% of the blood alcohol concentration, driven a B-PP car owned by the Plaintiff, and driving a 10-meter level from the D convenience store adjacent to the D-PP car in Gwangju City to the F-PP road in Gwangju City, from the D-PP store adjacent to the D-PP car in Gwangju City to the F-PP road in Gwangju City.

B. On September 10, 2018, the Defendant issued a disposition revoking Class I and II ordinary drivers’ licenses to the Plaintiff (hereinafter “instant disposition”) on September 10, 2018, on the ground that the Plaintiff was under the influence of alcohol with a blood alcohol level of at least 0.1%, 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 October 23, 2018.

[Ground of recognition] Facts without dispute, Gap evidence 1, 12 evidence, Eul evidence 1 to 14, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The gist of the Plaintiff’s assertion is that a proxy engineer, after drinking alcohol, has driven the Plaintiff’s home. At this point, the Plaintiff, at the end of the vision due to the Plaintiff’s representative expense, left the 1st century and driven a vehicle to move the vehicle to another place that does not interfere with the operation of the other vehicle. The Plaintiff left the 30-year workplace. The Plaintiff left the 30-year workplace without a driver’s license, and there was no way to support his spouse, two children, and alone, and there were many debts to be repaid to the Plaintiff. In light of the above, the instant disposition is revoked because it is too harsh to the Plaintiff, thereby abusing discretion.

B. Whether a punitive administrative disposition deviates from or abused the scope of discretion by social norms, the substance of the offense as the ground for the disposition, the public interest to be achieved by the relevant disposition, and all the circumstances pertaining thereto.

arrow