logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2020.07.22 2020구단1890
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 October 13, 2019, at around 23:30, the Plaintiff driven a vehicle B with a alcohol level of 0.137% under the influence of alcohol level, from the unfluened road in the Gyeonggi Suwon-si, which was under the influence of alcohol level of 0.137%, to the road before the 1111 water source transfer-on, Gyeonggi-gu, Suwon-gu, 111 water source.

B. On November 11, 2019, the Defendant issued a disposition revoking the Class II ordinary driver’s license against the Plaintiff 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 base value for revocation of the license (hereinafter “instant disposition”).

C. On January 10, 2020, the Plaintiff filed an administrative appeal against the instant disposition. However, the Central Administrative Appeals Commission dismissed the Plaintiff’s request for administrative appeal on February 21, 2020.

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

2. Whether the instant disposition is lawful

A. The gist of the plaintiff's assertion is that the disposition of this case should be determined by comparing and balancing the public interest and private interest of the punitive administrative disposition, there is no human and material damage, the driving distance is a relatively short travel distance from the investigative agency, the degree of infringement of private interest that is revoked by the driver's license is excessive, the blood donation activity is committed, the latter and the latter are committed. The plaintiff is in the position of the director in the company, and the head in the division in the company is in the position of the company, and if the license is revoked, it is necessary to distribute the work after reviewing the team management and the drawing, and if it is necessary to do so, it is impossible to perform the principal work. The plaintiff's family support, economic learning to his family members, and the driver's license is necessary, and the disposition of this case is revoked because it is excessively excessive to the plaintiff, thereby abusing discretion.

B. The scope of discretionary power is determined by social norms.

arrow