자동차운전면허취소처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. On April 1, 2020, at around 01:10, the Plaintiff driven B K5 cars while under the influence of alcohol of 0.181%, and 2 km from the Howon-si Ho-gu Ho-dong to the front road of the same Gu C.
B. On April 18, 2020, the Defendant issued a disposition revoking the first-class 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 June 23, 2020.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, Eul evidence Nos. 1 to 13, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The summary of the plaintiff's assertion is relatively short of the distance from the plaintiff's driving of drinking alcohol; the plaintiff caused a traffic accident for about 14 years since the plaintiff's acquisition of the driver's license or has no record of driving alcohol; the plaintiff is going against and again is expected not to drive alcohol again; when the driver's license is revoked due to the necessity of mobility for work and commuting to and from work as the member of the company, the plaintiff is in a position that it is impossible to perform his/her duties; the plaintiff must support his/her mother; the body must support his/her mother; the plaintiff must regularly gather his/her body using an annoyed vehicle; the plaintiff should bear the expenses for his/her operation; and the plaintiff also received the judgment on the disability grade for about 20 years of age, the disposition of this case should be revoked because it is in violation of the law of abuse of discretion by excessively harshing the plaintiff.
B. The issue of whether a punitive administrative disposition exceeds or abused the scope of discretion by social norms is relevant to the act of disposal as the grounds for the disposition.