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(영문) 광주지방법원 2021.03.25 2020구단10756
자동차운전면허취소처분취소
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Details of the disposition;

A. On June 13, 2020, the Plaintiff, while driving a ice B-type vehicle with alcohol level of 0.176% during blood alcohol level around 00:32, and driving a vehicle at around 00:176%, in the direction of the D apartment, Seo-gu, Gwangju, Seo-gu, in the direction of the coefficient distance, was driven by the victim's spoke vehicle that was driven in the direction of the luminous terminal in the direction of the coefficient distance, and suffered two main injuries (hereinafter "driving of this case"). B. On July 10, 2020, the Defendant issued a disposition to revoke the Plaintiff's driver's license (Class 1 ordinary) on the ground of the Plaintiff's driving of the instant alcohol level (hereinafter "disposition in this case").

(c)

On July 17, 2020, the Plaintiff appealed against the instant disposition and filed an administrative adjudication with the Central Administrative Appeals Commission, but was dismissed on September 15, 2020.

【Unsatisfy-founded facts, Gap evidence Nos. 1 and 2, Eul evidence Nos. 1 through 12 (including each number), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The gist of the Plaintiff’s assertion is that the Plaintiff was able to drive drinking alcohol on the ground that he was able to take a heavy time after drinking with her friendship with her natives, and that she was in an accident that he was unable to confirm the U.S. internship area. However, considering the following circumstances, the Plaintiff’s driving background, the Plaintiff’s driver’s license is essential to collect papers as a graduate student, the Plaintiff’s on-site answers to collect papers, and the fact that she agreed with the victim of the traffic accident, the instant disposition was abused the discretion.

B. (1) Whether a punitive administrative disposition exceeds the scope of discretion in light of social norms or abuse of discretionary power is determined by objectively examining the content of the offense on which the disposition was based, the public interest to be achieved by the relevant disposition, and all the circumstances pertaining thereto, etc., and thereby infringing the public interest.

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