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. At around 19:50 on May 25, 2019, the Plaintiff driven BNS car while under the influence of alcohol with a blood alcohol concentration of 0.150% in the vicinity of 95 km-si, Sungsung-gun, Chungcheongnam-gu, Chungcheongnam-gu, Seoul Metropolitan City at the 19:50km-do.
B. On July 19, 2019, the Defendant issued a disposition revoking the Plaintiff’s license for Class 1 and 2 ordinary driving licenses pursuant to Article 93(1)1 of the Road Traffic Act (hereinafter “instant disposition”) on the ground that the Plaintiff was under the influence of alcohol with a blood alcohol concentration of 0.150%, which is the base value for revocation of license.
C. The Plaintiff appealed and filed an administrative appeal on July 29, 2019, but the Central Administrative Appeals Commission dismissed the Plaintiff’s request for administrative appeal on September 10, 2019.
[Ground of Recognition] Facts without dispute, Gap evidence 13, 14, Eul evidence 1 to 8 (including each number), the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion is unlawful in light of the following: (a) since the Plaintiff acquired the Plaintiff’s driver’s license, the Plaintiff was a model driver without any traffic accident or force of drunk driving except for minor violations of laws and regulations; (b) the Plaintiff is required to move as a worker on one-time basis to a local area; (c) the Plaintiff’s driver’s license is required to be terminated; and (d) the Plaintiff needs to continue to work to support his family’s livelihood; and (e) the instant disposition is excessively harsh and thus, it is unlawful to have
B. (1) Determination is made by comparing and balancing the degree of infringement of public interest and the disadvantage suffered by an individual due to the disposition, by objectively examining the content of the offense committed as the ground for the disposition, the public interest to be achieved by the relevant disposition, and all relevant circumstances, etc.