(영문) 수원지방법원 2020.05.13 2019구단4572

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(영문) 수원지방법원 2020.05.13 2019구단4572

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 August 16, 2019, at around 13:19, the Plaintiff driven a 2 km drive while under the influence of alcohol of 0.092% of alcohol level, and approximately 2 km from D restaurant in Ansan-si C to the front side of E in the same city.

B. On September 9, 2019, the Defendant issued a disposition revoking Class 1 large, Class 1 ordinary, and Class 2 ordinary driver’s license (hereinafter “instant disposition”) 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 license.

C. On September 17, 2019, 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 October 29, 2019.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 6, Eul evidence Nos. 1 to 12, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. In light of the following: (a) there was no personal injury due to the Plaintiff’s blood alcohol driving; (b) the instant disposition is relatively low; (c) there was no history of causing traffic accidents or driving under the influence of alcohol for about 27 years since the Plaintiff acquired the Plaintiff’s driver’s license; and (d) the Plaintiff is going to not drive under the influence of alcohol again; (c) the Plaintiff has been in office as a company member; (d) the Plaintiff is working for three classes; (c) the Plaintiff is essential to commute to and from the vehicle; (d) the Plaintiff supports his family; and (e) the Plaintiff’s health is not good; and (e) the instant disposition is an unlawful act that deviates from and abused discretion due to excessive abuse of discretion by the Plaintiff.

B. Whether a punitive administrative disposition deviatess from or abused the scope of discretion by social norms, or whether it constitutes an abuse of discretionary power, shall objectively deliberate on the content of the violation as the grounds for the disposition, the public interest to be achieved by the relevant disposition, and all the circumstances complying with the disposition, thereby infringing the public

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