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 14, 2019, at around 21:10, the Plaintiff driven C-car in a resident parking zone in front of Nowon-gu, Seoul Special Metropolitan City (hereinafter “instant drunk driving”).
B. On June 27, 2019, the Defendant rendered a disposition to revoke the Plaintiff’s driver’s license (Class II common) on the ground of the instant drunk driving (hereinafter “instant disposition”).
C. The Plaintiff dissatisfied with the instant disposition and filed an administrative appeal with the Central Administrative Appeals Commission on October 14, 2019, but was dismissed on December 10, 2019.
【Ground of recognition】 The fact that there has been no dispute, Gap 1, 2, Eul 1 through 4 (including each number), the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The plaintiff residing in Gwangju Metropolitan City, a place where the plaintiff's assertion is string, was scattered in the nearby accommodation in Seoul Special Metropolitan City, Nowon-gu, a place where the plaintiff had a vehicle parked, but it was found that "the plaintiff moved the vehicle to another place because the place where the plaintiff parked the vehicle is located in the priority zone of residents," and the person who reported and discovered the vehicle. In light of these circumstances, the disposition of this case was abused or abused the discretion.
B. (1) Whether a punitive administrative disposition exceeds the scope of discretion under the social norms or abused discretion ought to be determined by comparing and balancing the degree of infringement on public interest and the disadvantages suffered by an individual due to such 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.
In this case, even if the criteria for punitive administrative disposition are prescribed in the form of Ordinance, it is nothing more than that prescribed in the administrative agency's internal rules for administrative affairs, and it has no effect to guarantee citizens or courts externally.