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 17, 2019, at around 23:26, the Plaintiff driven B rocketing car while under the influence of alcohol of 0.102%, and 200 meters from the roads near the river in Ansan-gu, Ansan-si to the roads in front of the same Gu.
B. On August 30, 2019, the Defendant issued a disposition revoking the Class II 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 November 5, 2019.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3, 20 evidence, Eul evidence 1 to 12, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The main point of the Plaintiff’s assertion was that no personal or material injury has occurred due to the Plaintiff’s drinking driving, and the distance of driving was relatively short, since the Plaintiff acquired the Plaintiff’s driver’s license, there has been no history of causing a traffic accident or driving under the influence of alcohol for about seven years, and the Plaintiff is going to not drive under the influence of alcohol again, and the Plaintiff is now going against the present condition and not drive under the influence of alcohol. The Plaintiff is working as a manager of heavy equipment, and the Plaintiff is in the position where it is impossible to perform his duties if the license is revoked due to the need for mobility due to commuting to and from his workplace and frequent business trip, and the Plaintiff is obliged to support a child with a bad mother and a seven-year child with the health of the Plaintiff. In light of the above, the instant disposition should be revoked as it is in violation of law of abuse of discretion by excessively harshly
B. Whether a punitive administrative disposition deviates from or abused the scope of discretion by social norms or not is objectively the content of the offense as the grounds for the disposition, the public interest to be achieved by the relevant disposition, and all other relevant circumstances.