자동차운전면허취소처분취소
The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
1. Details of the disposition;
A. On March 11, 2020, at around 18:25, the Plaintiff driven C vehicle under the influence of alcohol level of 0.215% in front of the Yancheon-gun, Chungcheongnamcheon-gun (hereinafter “instant drinking”).
B. On April 17, 2020, the Defendant rendered a disposition to revoke the Plaintiff’s driver’s license (Class 1 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, but was dismissed on July 7, 2020.
【Ground of recognition】 The fact that there has been no dispute, Gap Nos. 1, 5, Eul Nos. 1, 2, and 7 (including virtual numbers) and the purport of the whole pleadings
2. Whether the disposition is lawful;
A. The Plaintiff’s assertion is that the Plaintiff had no previous history of driving alcohol, 30 years of accidentless driving experience, the Plaintiff has a verbal disorder due to brain fladism, the Plaintiff was in a state of difficulty in pulmonary treatment because the Plaintiff’s physical condition was not good at the time, and the Plaintiff was in a state of difficulty in pulmonary treatment rather than the blood collection measurement. However, it is reasonable to promptly measure blood collection without considering the Plaintiff’s characteristics; the Plaintiff was a personal taxi engineer in need of vehicle operation; the Plaintiff was suffering from economic difficulties; and there was a family member to support. In light of all circumstances, the instant disposition exceeded the scope of discretionary authority or abused discretionary authority.
B. Determination 1 as to whether a punitive 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 such disposition by objectively examining the content of the offense committed as the grounds for the disposition, the public interest to be achieved by the relevant disposition, and all relevant circumstances.
In this case, the criteria for punitive administrative disposition are provided in the form of Ministerial Ordinance.