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 June 28, 2016, the Defendant rendered the instant disposition to revoke the Plaintiff’s driver’s license as of August 2, 2016 on the ground that the Plaintiff driven B vehicles under the influence of alcohol concentration of 0.104% on the road located in Daegu Seo-gu, Daegu-gu, on June 21, 2016.
B. The Plaintiff filed an administrative appeal against the instant disposition, but the Central Administrative Appeals Commission rendered a decision to dismiss the said claim on September 30, 2016.
【Fact-finding without dispute over the ground for recognition, entry of evidence Nos. 1 and 12, and purport of the whole pleadings
2. Whether the instant disposition is lawful
A. In light of the fact that the Plaintiff’s alleged company is in charge of long-distance delivery and delivery, and the revocation of the driver’s license is difficult to maintain livelihood, the instant disposition is illegal as it deviates from and abused discretion.
B. (1) Comprehensively taking into account the following circumstances acknowledged by comprehensively taking into account the respective descriptions of the evidence before the judgment and the purport of the entire pleadings, the public interest is more likely to achieve the disadvantage suffered by the Plaintiff than the disadvantage suffered by the Plaintiff due to the instant disposition, even considering the degree of disadvantage suffered by the Plaintiff and other various circumstances asserted by the Plaintiff.
Article 91(1) [Attachment Table 28] of the Enforcement Rule 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.
Today, there is a growing need to strictly observe traffic regulations due to the rapid increase of motor vehicles, the large number of driver's licenses are issued, so traffic conditions are complicated, and in particular, traffic accidents due to drinking driving are frequently frequently and the results are harsh, so there is a great need for public interest to prevent traffic accidents due to drinking driving.
The plaintiff at the time of this case control.