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(영문) 대구지방법원 2019.10.30 2019구단1819
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 25, 2019, the Defendant rendered a disposition to revoke the Plaintiff’s driver’s license (Class II ordinary) as of May 29, 2019 (hereinafter “instant disposition”) on the ground that the Plaintiff driven C vehicle under the influence of alcohol with a blood alcohol level of 0.147% on the front side of the Gu-U.S. Si B on April 12, 2019, on the ground that the Plaintiff driven (hereinafter “instant drinking”).

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 July 16, 2019.

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

2. Whether the instant disposition is lawful

A. Considering that the Plaintiff’s assertion that the Plaintiff had completed a meeting and sent back to the substitute company, but the proxy did not assign a staff member, which led to driving of the instant case, and that the flow of traffic or the occurrence of a traffic accident occurred due to the drinking driving of the instant case, the Plaintiff was in charge of managing the production site, and that the Plaintiff’s driving license is essential for his work and commuting to and from work, the Plaintiff’s external mother, spouse, and children are most supported by the Plaintiff, and the spouse is the most difficult family support and the repayment of debts is very difficult due to the instant disposition, and the Plaintiff’s family support and the repayment of debts are made very difficult due to the instant disposition, and the Plaintiff has contributed to the Plaintiff’s usual donation and volunteer service activities, and the Plaintiff’s refusal to drive under the influence of drinking again against his depth and again, the instant disposition is an abuse of discretionary power, and thus, is an abuse of discretionary power.

B. Determination 1 as to whether a punitive administrative disposition deviates from or abused the scope of discretion by social norms, is intended to achieve by the content of the act of disposal, which is the reason for the disposition.

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