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 April 9, 2019, while under the influence of alcohol at around 23:25, the Plaintiff driven B K5 cars from the Hodong in Ansan-gu, Ansan-si to the 233-4 horizontal distance, the Plaintiff caused a traffic accident involving the wall surface of an underground vehicle near the above oak-distance.
B. On May 6, 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 June 27, 2019.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, Eul evidence Nos. 1 to 13, 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 caused a traffic accident for about 17 years since the Plaintiff acquired the Plaintiff’s driver’s license, or has no record of driving under the influence of alcohol, and that the Plaintiff would not drive under the influence of alcohol again against the present one. The Plaintiff is working at the quality control department of ready-mixed companies while serving in each field, and is in a position to conduct quality tests and management of ready-mixed while attending each site. However, the cancellation of the driver’s license is essential due to its business characteristics, so it is impossible for the Plaintiff to perform his/her duties, and there is a need for the Plaintiff to support his/her spouse and child, and thus, the instant disposition should be revoked.
B. Whether a punitive administrative disposition deviates from or abused the scope of discretion by social norms, the substance of the offense as the ground for the disposition, the public interest to be achieved by the relevant disposition, and all the circumstances pertaining thereto.