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 23, 2018, the Plaintiff was under the influence of alcohol of 09:20% of blood concentration 0.062% on the front side of Mapo-gu Seoul, Mapo-gu, Seoul, and was under the influence of driving a horse-type car with a central line, and was under the control of police officers.
B. On September 4, 2018, the Defendant imposed the penalty points of 100 on the violation of the prohibition of driving under the influence of alcohol as the ground for the suspension of license, and the penalty points of 30 on the violation of the above median line, respectively, and added the penalty points of 10 on July 10, 2018, which was imposed on the Plaintiff as the violation of the designated lane on July 10, 2018, and 15 on June 20, 2018, and added the penalty points of 155 points in total (i.e., 100 points and 30 points and 1015 points) to the Plaintiff on September 4, 2018 on the ground that the standard point of revocation of the driver’s license exceeds 121 points per year (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 13, 2018.
[Ground of recognition] The fact that there is no dispute, Gap's 1, 2, Eul's 2-2, Eul's 4 through 9, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The plaintiff asserted that the plaintiff is responsible for the delivery of alcoholic beverages as a cargo driver, and the driver of a motor vehicle is necessarily required to drive the motor vehicle. Considering the circumstances and various circumstances of the plaintiff, such as the situation where the plaintiff's maintenance of livelihood is difficult due to the disposition of this case, the disposition of this case is excessively harsh and illegal
B. Whether a punitive administrative disposition exceeds the scope of discretion under the generally accepted social norms or abused discretionary power is the cause of the disposition. The degree of infringement on public interest and the disposition may be suffered by an individual by objectively examining the content of the offense committed as the reason for the disposition, the public interest to be achieved by the relevant disposition, and all relevant circumstances.