(영문) 수원지방법원 2020.06.05 2020구단958

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Reasons

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(영문) 수원지방법원 2020.06.05 2020구단958

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 2, 2019, at around 05:51, the Plaintiff driven a Bal clinic car while under the influence of alcohol of 0.157%, and 500 meters from the place in the Dongwon-dong, Yongsan-gu, Seoul to the front road of the same Gu.

B. On November 5, 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. 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 January 14, 2020.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, Eul evidence Nos. 1 to 12, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The summary of the plaintiff's assertion is relatively short that human and material damage did not occur due to the plaintiff's drinking driving and the distance of the vehicle is relatively short, the plaintiff's self-driving will not drive under the influence of alcohol again, and the plaintiff visited the necessary institution as a part-time lecturer to take care of English music from the kindergarten students to the elementary school students. However, the plaintiff should move from the perspective of his residence to the police, light name, southyangju, Seoul, Yju, and Yju to the elementary school students. When a quarterly is announced at the end of the quarter, the driver's license should be revoked because the driver's license is necessary due to the need of transportation of large items and clothing, it is difficult for the plaintiff to perform his/her duties, and the plaintiff must support his/her child, so the disposition of this case should be revoked because it violates the law of abuse of discretionary power by excessively harshing the plaintiff.

B. Whether the first punitive administrative disposition deviates from or abused the scope of discretion by social norms.

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