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 December 29, 2018, at around 06:52, the Plaintiff driven B EXE car under the influence of alcohol by 0.198%, and 10 km from the place at which it was not higher than 0.198% of the blood alcohol level, to the point at which it was 21.4 km of the Pyeongtaek-si Highway at the time of emulculation, the Plaintiff was driving at a 10 km level.
B. On January 23, 2019, the Defendant issued a disposition revoking the first-class ordinary driver’s license against the Plaintiff on the ground that the Plaintiff was under the influence of alcohol with a blood alcohol level of at least 0.1% (hereinafter “instant disposition”).
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 March 19, 2019.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3, Eul evidence 1 to 16, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The summary of the plaintiff's assertion does not cause any personal or material damage due to the plaintiff's drinking driving, the plaintiff's response and again is expected not to drive a drinking again, and the plaintiff is in charge of the maintenance and repair of machinery installed at the nationwide wastewater treatment plant and the inspection of defects, etc., every 3-4 days a week in a local business trip, and the distance between the plaintiff's residence and the workplace is limited to 45 km, and when the driver's license is revoked, the disposition of this case should be revoked because it is too harsh to the plaintiff, thereby abusing the discretion.
B. Determination 1 whether a punitive administrative disposition deviatess from or abused the scope of discretion by social norms or not is the degree of infringement 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 relevant circumstances.