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, 2019, the Defendant issued a disposition to revoke a driver’s license (hereinafter “instant disposition”) to the Plaintiff on the ground that “The Plaintiff, while under the influence of alcohol of 0.114% of blood alcohol level on June 12, 2019, driven B vehicle on the street before a restaurant located in Yangsan City C to the Fel in front of the same city E at the same time.”
B. The Plaintiff appealed and filed an administrative appeal with the Central Administrative Appeals Commission on July 25, 2019, but a ruling dismissing the Plaintiff’s claim was rendered on October 1, 2019.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 7 (including paper numbers), the purport of the whole pleadings
2. Whether the disposition is lawful;
A. The instant disposition constitutes abuse of discretionary authority in light of the following: (a) the Plaintiff’s assertion was driven without a long-term accident; (b) the fact that there was no damage; and (c) the fact that he/she reports his/her family while operating an alone business
B. (1) Determination is highly necessary for the public interest to prevent traffic accidents caused by drinking driving, because of the frequent traffic accidents caused by drinking driving today, and the results thereof are harsh, and when the driver's license is revoked on the ground of drinking driving, unlike the cancellation of the general beneficial administrative act, the general preventive aspect that should prevent drinking driving rather than the disadvantage of the party due to the cancellation should be more emphasized.
(2) In this case, the degree of the Plaintiff’s drinking alcohol level is 0.114%, and the criteria for the revocation of a driver’s license (not less than 0.1% of blood alcohol level) under [Attachment 28] of Article 91(1) of the former Enforcement Rule of the Road Traffic Act (amended by Ordinance of the Ministry of Public Administration and Security No. 123, Jun. 14, 2019); the Plaintiff’s driving operation did not peep the inevitable circumstances; the revocation of a driver’s license is able to obtain a license again after the lapse of a certain period.