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(영문) 광주지방법원 2019.02.21 2018구단1988
자동차운전면허취소처분취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of disposition;

A. On July 28, 2018, at around 01:45, the Plaintiff holding a Class 2 ordinary driver’s license was under the influence of alcohol level 0.128 percent in the Ccafeteria in front of the Ccafeteria located in Gwangju North-gu, Gwangju, and controlled the police officer.

B. On August 24, 2018, the Defendant notified the revocation of the Plaintiff’s above driver’s license on the ground of the above drunk driving.

(hereinafter referred to as “instant disposition”). C.

The plaintiff appealed and filed an administrative appeal with the Central Administrative Appeals Commission, but the Central Administrative Appeals Commission rendered a ruling of dismissal on October 23, 2018.

[Ground of recognition] The fact that there is no dispute, Gap's 1, 2, Eul's 1 through 6 (including paper numbers; hereinafter the same shall apply), and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion is that the plaintiff's driver's license is essential because the plaintiff's plaintiff's spouse, two children and children, mother, and head of anti-compete who supported the plaintiff's living is able to prevent the plaintiff's spouse, two children, mother, and head of anti-compete, and head of anti-compete, and actively cooperate in investigation, as the plaintiff's disposition of this case is more unfavorable than the public interest to be gained by the disposition of this case, since the plaintiff's driver's license is revoked, since the plaintiff's driver's license is more likely to be affected by the disposition of this case, the plaintiff's disposition of this case is abuse of discretion.

(b) as shown in the attached Form of the relevant statutes;

C. The determination of 1 punitive administrative disposition deviates from or abused the scope of discretion by social norms, and the public interest and this is intended to achieve by the act of disposal in question, which is the reason for the disposition.

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