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 February 1, 2019, at around 04:41, the Plaintiff driven C-low-water driving with a blood alcohol concentration of 0.181% at the front of Gwangjin-gu Seoul Special Metropolitan City (hereinafter “instant drinking driving”).
B. On February 14, 2019, the Defendant rendered a disposition to revoke the Plaintiff’s driver’s license (Class II common) on the ground of the instant drunk driving (hereinafter “instant disposition”).
C. The Plaintiff dissatisfied with the instant disposition and filed an administrative appeal with the Central Administrative Appeals Commission on May 17, 2019, but was dismissed on July 9, 2019.
【Ground of recognition】 The fact that there has been no dispute, Gap's 1, 2, Eul's 4 through 7, the purport of the whole entries and arguments
2. Whether the instant disposition is lawful
A. The plaintiff alleged that the plaintiff actively cooperates in the investigation of drinking driving after the driving of this case and caused no personal injury, caused the driving of a parked vehicle upon receiving a request for the movement of a parked vehicle, and the driving distance is only five meters, and the plaintiff is merely one of five meters, considering all circumstances, such as the fact that the operation of a motor vehicle is essential due to frequent appearance of a medical device operator, economic difficulties, and there are family members to support, the disposition of this case is beyond the scope of discretion or abuse of discretionary authority.
B. Determination 1 as to whether an administrative disposition exceeds the scope of discretion under the social norms or abused discretionary power ought to be determined by comparing and balancing the degree of infringement on public interest and the disadvantages suffered by an individual due to the relevant administrative disposition by objectively examining the content of the offense committed as the ground for disposition, the public interest to be achieved by the relevant administrative act, and all relevant circumstances.
In such cases, even if the criteria for punitive administrative disposition are prescribed in the form of Ordinance, it is nothing more than that prescribed in the administrative agency's internal administrative rules.