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 24, 2019, at around 23:55, the Plaintiff driven Bsch Rexroth car while under the influence of alcohol by 0.094%, and 3 meters at the front of Pyeongtaek-si C.
B. On January 16, 2020, 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 0.08%, which is the base value for revocation of the license (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 May 26, 2020.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3, Eul evidence 1 to 12, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The gist of the Plaintiff’s assertion caused an accident that D, who was the Plaintiff’s fellow, returned home while drinking and was parked on the side, and caused the accident that caused the vehicle parked on the side. After the accident, the said Bosch Rexroth vehicle was completely obstructed from entering and leaving other vehicles, and the surrounding persons also demanded the Plaintiff and D to promptly cut off the vehicle, and the Plaintiff is only parked by driving the said Bosch Rexroth vehicle at a 2m level so that other vehicles may enter and depart.
Considering these circumstances, the instant disposition should be revoked inasmuch as it is too harsh to the Plaintiff, thereby abusing or abusing discretion.
B. Determination 1 whether a punitive administrative disposition deviatess from or abused the scope of discretion by social norms or not shall be determined by comparing and balancing the degree of infringement on public interest and the disadvantages suffered by an individual due to the disposition, by objectively examining the content of the act of violation as the ground for the disposition, the public interest to be achieved by the act of disposal, and all relevant circumstances. In this case, the criteria for the punitive administrative disposition are prescribed in the form