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 October 19, 2016, the Plaintiff is driving a car in the state of alcohol alcohol concentration of 0.065% at the Busan Metropolitan Transportation Police Station within the jurisdiction of the Busan Metropolitan Transportation Police Station.
As a result of detection, penalty points have been imposed 100 points.
B. On July 10, 2017, at around 02:25, the Plaintiff is driving a passenger car in a state of drinking alcohol concentration of 0.088% at the frontway of Dongjak-gu Seoul Metropolitan Government.
As a result of detection, penalty points have been imposed 100 points.
C. On July 31, 2017, the Defendant issued a disposition revoking the Plaintiff’s driver’s license (hereinafter “instant disposition”) on the ground that the annual accumulated acid score exceeds the revocation standard (121 points).
The Plaintiff dissatisfied with the instant disposition and filed an administrative appeal with the Central Administrative Appeals Commission, but the said commission dismissed the Plaintiff’s claim on September 19, 2017.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 24, Eul evidence 1 to 4 (including provisional number), the purport of the whole pleadings
2. Whether the disposition is lawful;
A. The plaintiff's assertion that the plaintiff did not cause any traffic accident due to drinking alcohol driving, while the plaintiff was not an acting engineer at the time, the plaintiff's substitute engineer left the place due to the dispute, the plaintiff has no history of drinking alcohol driving, the plaintiff's driver's license needs to work, and the plaintiff's family form is difficult, and thus, the disposition of this case is illegal as it has been abused or abused from discretion.
B. Whether a punitive administrative disposition deviates from or abused the scope of discretion under the social norms shall be determined by comparing and balancing the degree of infringement of public interest and the disadvantages suffered by an individual due to the disposition, by objectively examining the content of the violation as the grounds for the disposition, the public interest achieved by the relevant disposition, and all the relevant circumstances. In this case, even if the criteria for punitive administrative disposition are prescribed in the form of Ordinance, it shall be inside the administrative agency.