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. The Plaintiff obtained Class II ordinary driver’s license on December 17, 1996, and Class I ordinary driver’s license on May 22, 2007. However, on December 31, 2011, the Plaintiff caused a traffic accident while driving under the influence of alcohol 0.11%, and the revocation of the driver’s license was reduced due to the ten-day suspension disposition.
B. On December 14, 2016, the Plaintiff acquired a Class 1 driver’s license. On July 12, 2017, around 23:12, the Plaintiff was under the influence of alcohol of 0.158% during the influence of alcohol level 0.158% during the influence of alcohol level 0.15% during the influence of alcohol level from the place of the Subdivision-si in Seongbuk-si, Sungnam-si to the front of the 4-12 Oron Station.
C. On August 25, 2017, the Defendant: (a) applied Article 93(1)1 of the Road Traffic Act to the Plaintiff on the ground of a drunk driving as stated in the preceding paragraph; and (b) revoked the driver’s license as stated in the preceding paragraph as of September 19, 2017 (hereinafter “instant disposition”). D.
The plaintiff appealed against this and filed an administrative appeal with the Central Administrative Appeals Commission, but was dismissed on December 19, 2017.
[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, Eul evidence 1 to 12, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion has been using a usual driving, and the Plaintiff did not cause a traffic accident through the pertinent drunk driving, and the Plaintiff is engaged in the livestock product distribution business under the trade name of “C,” and thus, delivery should be made daily to the customer of the freezing-lane, and the Plaintiff must be made to the customer of Busan and Daegu located in Busan, Daegu, once a week. As such, the Plaintiff is in need of driving, actively cooperate and reflect with investigative agencies, and the Plaintiff suffers from economic difficulties due to the support of two children and his household liabilities, etc., there is an error of deviation or abuse of discretion in the instant disposition.
B. The judgment-1 punitive administrative disposition has deviates from the scope of discretion by social norms.