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 June 29, 2017, at around 02:30, the Plaintiff driven a C-car while under the influence of alcohol in front of the studio in the Gumi-si B-si. On the same day, at around 02:42, the Plaintiff was found to have a blood alcohol concentration of 0.163%.
B. On July 6, 2017, the Defendant rendered a disposition revoking a driver’s license (Class I large and Class I common) as of August 8, 2017 (hereinafter “instant disposition”) against the Plaintiff on the ground that the Plaintiff driven a motor vehicle as above.
C. The Plaintiff filed an administrative appeal against the instant disposition, but was dismissed by the Central Administrative Appeals Commission on September 5, 2017.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 6 (including each number, hereinafter the same shall apply) and the purport of the whole pleadings
2. Whether the disposition is lawful;
A. The plaintiff's assertion that the plaintiff had no record of driving under the influence of alcohol while driving a vehicle by a proxy driver, but without properly parking, caused inconvenience in traffic, and caused this case. The plaintiff's driving of a motor vehicle was essential in the plaintiff's occupation. Considering the disadvantage suffered by the plaintiff due to the disposition of this case and the above circumstances, the disposition of this case is illegal as it is an abuse of discretion and it is illegal.
B. 1) In full view of the following circumstances acknowledged by comprehensively taking into account the purport of the entire evidence presented in the first instance, the public interest is more likely to be achieved than the disadvantage that the Plaintiff would suffer, even if considering the degree of disadvantage suffered by the Plaintiff and other various circumstances asserted by the Plaintiff, to the extent that the instant disposition was taken into account. ① Article 91(1) [Attachment 28] of the Enforcement Rule of the Road Traffic Act
2. When a person drives a vehicle in a drunken condition (not less than 0.1 percent of alcohol content in blood), the individual criteria for revocation shall be revoked.