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 9, 2015, the Defendant issued the instant disposition to revoke the Plaintiff’s driver’s license as of January 9, 2016, on the ground that, around November 26, 2015, the Plaintiff driven a DKan Corpon Corpon 0.148% of the blood alcohol concentration, around November 26, 2015, on the ground that the Plaintiff driven a 0.148% of the blood alcohol concentration.
B. The Plaintiff filed an administrative appeal against the instant disposition, but the Central Administrative Appeals Commission rendered a ruling dismissing the said claim on February 2, 2016.
【Unfounded facts, entry of evidence Nos. 1 and 7, and the purport of the whole pleadings】
2. Whether the instant disposition is lawful
A. In light of the fact that the Plaintiff’s employee worked as a director of the Plaintiff’s alleged electrical construction company and the Plaintiff’s driver’s license is essential, the instant disposition is unlawful as it deviates from and abused discretion.
B. (1) In full view of the following circumstances acknowledged by comprehensively taking into account the aforementioned evidence and the statement in the evidence No. 5 and the purport of the entire pleadings, even considering the degree of disadvantage suffered by the Plaintiff in the instant disposition and other various circumstances asserted by the Plaintiff, the public interest is more likely to be achieved than the disadvantage suffered by the Plaintiff in the instant disposition.
(1) Article 91 (1) [Attachment Table 28] of the Enforcement Rules of the Road Traffic Act
2. Individual criteria for revocation stipulate that driver's license shall be revoked when a person drives a vehicle in a drunken state (not less than 0.1 percent of alcohol level in blood). The instant disposition conforms to the above criteria.
② The need to strictly observe traffic regulations is growing due to the rapid increase of automobiles, the large number of driver’s licenses is issued, and traffic conditions are complicated. In particular, the need for public interest to prevent traffic accidents caused by drunk driving is very large because traffic accidents frequently occur and the results of the frequent traffic accidents are harsh.
③ At the time of the control of this case, the level of the Plaintiff’s exploitation.