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 January 27, 2018, the Plaintiff driven B vehicles while under the influence of alcohol at around 00:30, while under the influence of alcohol at least 0.075%.
B. Accordingly, on March 29, 2018, the Defendant rendered a revocation disposition of a driver’s license (class I, II, and II ordinary) against the Plaintiff on the ground of the third drunk driving (hereinafter “instant disposition”).
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 to 6, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. In light of the fact that the Plaintiff was only a minor traffic accident leading to the vehicle ahead of it, reflects its depth, and the loss of a driver’s license would result in difficulties in maintaining livelihood and supporting family members, the instant disposition exceeded the scope of discretion or abused discretion.
B. Determination 1 as to whether an 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 the relevant administrative disposition by objectively examining the content of the offense committed as the ground for disposition, the public interest to be achieved by the relevant administrative act, and all relevant circumstances.
In this case, even if the criteria for disciplinary administrative disposition are prescribed in the form of Ministerial Ordinance, it is nothing more than that prescribed in the administrative affairs rules inside the administrative agency, and thus, it is not effective externally to guarantee citizens or courts. Whether such disposition is legitimate or not must be determined in accordance with the contents and purport of the relevant Acts and subordinate statutes, not only the above disposition criteria,
Although the above disposition can not be said to be legitimate, the above disposition does not conform with the Constitution or the law in itself, or a punitive administrative disposition according to the above disposition disposition is imposed, the contents of the violation and the relevant laws and regulations.