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(영문) 대구지방법원 2019.06.28 2019구단915
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 January 3, 2019, the Defendant issued a disposition revoking the Plaintiff’s driver’s license (class 1 ordinary) as of February 5, 2019 (hereinafter “instant disposition”) on the ground that the Plaintiff driven B vehicles under the influence of alcohol at a level of 0.119% (hereinafter “instant driving”) on the front of the YYY-dong YY-dong, Yongsan-gu, Yongsan-gu, Yongsan-gu, would have a blood alcohol level on December 23, 2018.

B. The Plaintiff filed an administrative appeal against the instant disposition, but the Central Administrative Appeals Commission rendered a ruling dismissing the Plaintiff’s claim on March 12, 2019.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 and 7, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion is the date of delivery of ice in the port C market from March 2018, and the revocation of the instant disposition results in extreme difficulties for the Plaintiff and their family members to live, due to the instant disposition, driving under the influence of alcohol would not interfere with the flow of traffic or cause traffic accidents, and the Plaintiff made efforts to avoid driving under the influence of alcohol, such as entering the vehicle at home or using the substitute driving, etc. when the Plaintiff drinks a usual drinking, and even at the time of the instant case, the Plaintiff was under the contact with the designated driver, but became under the influence of driving due to the contact with the designated driver, and the Plaintiff would not drive under the influence of alcohol again, and thus, the instant disposition is excessively harsh to the Plaintiff, thereby deviating from and abusing discretionary power.

B. Determination 1 whether a punitive administrative disposition deviatess from or abused the scope of discretion by social norms shall be objectively deliberated on the content of the violation, which is the reason for the disposition, the public interest to be achieved by the relevant disposition, and all relevant circumstances, and thereby be at a disadvantage that an individual suffers from such disposition.

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