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(영문) 대구지방법원 2019.04.24 2018구단2242
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 27, 2018, the Defendant rendered a disposition to revoke the Plaintiff’s driver’s license (Class I ordinary) as of October 1, 2018 (hereinafter “instant disposition”) on the ground that the Plaintiff driven F vehicle under the influence of alcohol at a level of 0.122% (hereinafter “instant drunk driving”) on the front of the road located in C, located in D, G, Gyeongdong-gun, Gyeongdong-gun, on August 17, 2018, on the ground that the Plaintiff driven the vehicle under the influence of alcohol level of 0.12%.

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 October 17, 2018.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 and 8, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. Considering the following: (a) the Plaintiff’s assertion that the Plaintiff was trying to return to a taxi after the instant disposition, on the ground that the direction was different; (b) the Plaintiff was refused to take passengers on the ground that the taxi sent to the taxi; and (c) the taxi sent to the taxi was also causing the instant drinking driving; (d) the flow of traffic or the occurrence of a traffic accident due to the instant drinking driving; (c) the Plaintiff was driving safely for about 13 years since the Plaintiff’s acquisition of a driver’s license without a traffic accident or the influence of drinking driving; (d) the Plaintiff is commuting to and from Daegu as a production employee; (e) the instant disposition causes very inconvenience to commuting; (e) the Plaintiff’s livelihood is extremely difficult due to the instant disposition due to the Plaintiff’s lack of special skills other than driving; and (e) the Plaintiff’s deep-depth radius and is in violation of its nature, the instant disposition

B. The determination of the 1 disciplinary administrative disposition deviates from or abused the scope of discretion by social norms, and the contents of the violation, which is the reason for the disposition, and the public interest and all other relevant matters to be achieved by the disposition.

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