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(영문) 수원지방법원 2020.11.25 2020구단3629
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 April 12, 2020, the Plaintiff: (a) driven a motor vehicle with blood alcohol concentration of 0.115% at around Pyeongtaek-si B around Pyeongtaek-si; (b) brought an injury to the victims, such as a chest feling, which requires approximately four weeks of treatment.

B. On May 16, 2020, the Defendant issued a disposition revoking the Class I ordinary and Class II ordinary driver’s license (hereinafter “instant disposition”) against the Plaintiff on the ground that the Plaintiff had caused a traffic accident while under the influence of alcohol above 0.08%, which is the base value for revocation of the license, and caused the Plaintiff to injure others (hereinafter “instant disposition”).

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 July 21, 2020.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 6, 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 Plaintiff has no accident record since the Plaintiff acquired the driver’s license, actively cooperates in the investigation and investigation, currently against the fact that the Plaintiff is expected not to drive a drinking again, the victims agreed with the Plaintiff, and the Plaintiff’s family’s livelihood is difficult if the driver’s license is revoked due to the characteristics of the Plaintiff’s work. In light of the fact that the Plaintiff’s disposition is too harsh to the Plaintiff and thus, it should be revoked.

B. Whether the relevant legal principle 1-related administrative disposition deviatess from or abused the scope of discretionary authority is objectively examined such as the content and degree of the violation, which is the reason for the disposition, the necessity of the public interest to be achieved by the disposition, the disadvantage suffered by the individual, and all relevant circumstances.

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