자동차운전면허취소처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of disposition;
A. On July 10, 2017, around 00:16, the Plaintiff holding a Class 1 driver’s license, Class 1 driver’s license, Class 1 driver’s license, Class 2 driver’s license, and Class 2 driver’s license for a Class 2 driver’s license for a motor vehicle was controlled against police officials while driving a Category Poter under the influence of alcohol level of 0.127% at the front of the C Hospital located in Gwangju North-gu, Gwangju.
B. On July 21, 2017, the Defendant issued a disposition revoking the Plaintiff’s respective driver’s license on the ground of drinking driving (hereinafter “instant disposition”).
C. The Plaintiff filed an administrative appeal against the instant disposition, but the claim was dismissed on November 7, 2017.
【Ground of recognition】 The fact that there is no dispute, Gap’s No. 1, 3, 4, Gap’s No. 12, Eul’s No. 1 through 10 (including additional numbers), and the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. In full view of the following: (a) although the Plaintiff’s agent was absent from driving on behalf of the Plaintiff, it has been inevitable for him to drive the vehicle; (b) human and material damage has not occurred; (c) when driving under influence; (d) when driving under the influence of alcohol; (e) when driving under the influence of alcohol; (e) when driving under the influence of an accident for 14 years; and (e) when the license is revoked, there is a concern for the de facto position; (e) when the license is revoked, the payment of the installment for the vehicle remaining in the remaining 2/3 of the license is impossible; and (e) his family’s livelihood is difficult, the instant disposition is more unfavorable than the public interest to be gained due to the instant disposition; and (e) the instant disposition
(b) as shown in the attached Form of the relevant statutes;
C. Determination 1 as to whether a punitive administrative disposition deviatess from or abused the scope of discretion by social norms, shall objectively deliberate on the content of the violation, which is the reason for the disposition, the public interest to be achieved by the relevant disposition, and all relevant circumstances, and thereby be at a disadvantage that an individual suffers from such disposition.