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 August 19, 2017, around 00:57, the Plaintiff driven a D car in front of “C” on the road located in the Daegu Western-gu B, Daegu-gu. On the same day, the Plaintiff was found to have been 0.154% of the blood alcohol concentration as a result of the pulmonary measurement conducted by the enforcement officer around 01:10 on the same day.
B. On September 13, 2017, the Defendant issued a disposition to revoke the Plaintiff’s driver’s license (Class I large, Class I ordinary, and Class II motorcycles) as of October 15, 2017 (hereinafter “instant disposition”) on the ground that the Plaintiff driven a motor vehicle as above.
C. The Plaintiff filed an administrative appeal against the instant disposition, but was dismissed by the Central Administrative Appeals Commission on November 21, 2017.
[Ground of recognition] Facts without dispute, Gap evidence 1, 22, Eul evidence 1 to 8 (including each number if there is a serial number) and the purport of the whole pleadings
2. Whether the disposition is lawful;
A. The Plaintiff’s assertion did not have a history of drinking driving, and did not cause a traffic accident in this case. The Plaintiff’s driver’s license was revoked due to the Plaintiff’s occupation, making it difficult to support his/her family and to repay his/her debts. Considering the disadvantages incurred by the Plaintiff due to the instant disposition and the above circumstances, the instant disposition is illegal as it is an abuse of discretionary power.
B. 1) In full view of the following circumstances acknowledged by comprehensively taking into account the purport of the entire evidence presented in the first instance, the public interest is more likely to be achieved than the disadvantage that the Plaintiff would suffer, even if considering the degree of disadvantage suffered by the Plaintiff and other various circumstances asserted by the Plaintiff, to the extent that the instant disposition was taken into account. ① Article 91(1) [Attachment 28] of the Enforcement Rule of the Road Traffic Act
2. When a person drives a vehicle in a drunken condition (not less than 0.1 percent of alcohol content in blood), the individual criteria for revocation shall be revoked.