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 March 27, 2020, at around 21:30, the Plaintiff driven D K3 automobiles while under the influence of alcohol with approximately 0.17% alcohol concentration at the section of approximately 1.6 km from the public parking lot in front of the building for Silung-si to the roads near Silung-si.
B. On April 9, 2020, the Defendant issued a disposition to revoke the driver’s license for Class I ordinary and Class II motor vehicles (hereinafter “instant disposition”) against the Plaintiff on the ground that the Plaintiff was under the influence of alcohol with a blood alcohol level of at least 0.08%, 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 May 26, 2020.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 through 15, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The gist of the Plaintiff’s assertion is that the Plaintiff has been driving without a long-term accident, used the ordinary driving, actively cooperated in the investigation and investigation, is currently against the Plaintiff’s duty, and it is said that the Plaintiff would not drive a drinking again, and that if the Plaintiff’s driver’s license is revoked due to the nature of the Plaintiff’s duty, it is difficult for the Plaintiff to live. In light of the above, the instant disposition is too harsh to the Plaintiff, and thus, should be revoked.
B. Determination 1 of the relevant legal doctrine ought to be determined by comparing and comparing the degree of infringement on public interest and the disadvantage suffered by an individual due to the degree of infringement on public interest by objectively examining the content and degree of violation, which is the reason for the disposition, the degree of violation, the necessity of public interest to be achieved by the disposition, the disadvantage to be borne by the individual, and all relevant circumstances.
The criteria for such sanctions shall be in the form of Ministerial Ordinance.