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 July 8, 2018, at around 20:14, the Plaintiff driven BMW car while under the influence of alcohol of 0.135%, and 200 meters from the road on which the common rithal is located at the time of harmony to the front of C in the time of harmony.
B. On August 2, 2018, the Defendant issued a disposition to revoke the Plaintiff’s driver’s license stated in the purport of the claim against the Plaintiff (hereinafter “instant disposition”) on the ground that the Plaintiff was under the influence of alcohol with a blood alcohol level of at least 0.1%, which is the base value for revocation of the license.
C. The Plaintiff filed an administrative appeal against the instant disposition, but the Central Administrative Appeals Commission dismissed the Plaintiff’s request for administrative appeal on September 14, 2018.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 12, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The summary of the Plaintiff’s assertion was very short distance of 170 meters, and there was no personal or material damage due to the Plaintiff’s drunk driving, the Plaintiff’s resistance and again is expected not to drive under the influence of alcohol. Considering the fact that the company accompanying the Plaintiff is in charge of material supply and demand, general administrative affairs, business, and A/S duties in the company accompanying the Plaintiff, and the vehicle is essential for the Plaintiff to carry out the said duties, the vehicle is in need of driving without a driver’s license, and the Plaintiff’s spouse and two children, etc. must support their family members including the Plaintiff, and shall also repay their debts, the instant disposition should be revoked because it constitutes an abuse of discretionary power by excessively harsh to the Plaintiff.
B. Whether a punitive administrative disposition deviatess from or abused the scope of discretion by social norms, or whether it constitutes a violation of public interest by objectively examining the content of the violation as the grounds for the disposition, the public interest to be achieved by the relevant disposition, and all other relevant circumstances.