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 15, 2020, at around 23:35, the Plaintiff driven B vehicles under the influence of alcohol concentration of 0.152% on the road front of the Bupyeong-gu Incheon Bupyeong-gu, Incheon, and discovered them to police officers.
B. On February 14, 2020, the Defendant rendered a decision to revoke the second-class ordinary license by applying Article 93(1)1 of the Road Traffic Act to the Plaintiff on the ground that the Plaintiff was driving under influence of alcohol as above.
(hereinafter “instant disposition”). C.
On March 5, 2020, the Plaintiff filed an administrative appeal with the Central Administrative Appeals Commission, but was dismissed on April 14, 2020.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 12, the purport of the whole pleadings
2. Whether the disposition is lawful;
A. In light of the Plaintiff’s assertion that the Plaintiff driven a relatively short distance, used a usual driving, actively cooperated with police officers’ investigations, and the Plaintiff’s use of public transportation in the workplace is absolutely necessary due to the Plaintiff’s lack of access to public transportation, the instant disposition has to be revoked since it was excessively harsh to the Plaintiff, thereby deviating from and abusing discretionary power.
(b) as shown in the attached Form of the relevant statutes.
C. 1) Whether a punitive administrative disposition deviates from or abused the scope of discretion under the social norms should be determined by comparing and balancing the degree of infringement on public interest and the disadvantages suffered by an individual by objectively examining the content of the act of violation, which is the reason for the disposition, and the public interest to be achieved by the relevant act of disposal, as well as all the relevant circumstances (see, e.g., Supreme Court Decision 98Du11779, Apr. 7, 2000; 2000Du11779, if the disposition standards are prescribed by Presidential Decree or Ordinance of the Ministry, the disposition standards per itself are not in conformity with the Constitution or Act; or the content of the relevant Act and subordinate statutes