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 28, 2019, at around 00:45, the Plaintiff driven Cren Karen car driving under the influence of alcohol concentration of 0.160% on the front of the Seoul Southern-gu Seoul Northern-gu B (hereinafter “instant drunk driving”).
B. On September 17, 2019, the Defendant issued a disposition to revoke the Plaintiff’s driver’s license (class 1, class 2, class 2, and class 2 motorcycles) on the ground of the instant drunk driving (hereinafter “instant disposition”).
C. The Plaintiff dissatisfied with the instant disposition and filed an administrative appeal with the Central Administrative Appeals Commission on November 1, 2019, but was dismissed on December 10, 2019.
【Ground of recognition】 The fact that there has been no dispute, Gap's 1, 2, Eul's 4 through 8, the purport of the whole entries and arguments
2. Whether the instant disposition is lawful
A. In light of all circumstances, the Plaintiff’s assertion that actively cooperates in an investigation into drinking alcohol driving after the pertinent drunk driving, and that human and physical damage did not occur, and that the driving distance is only ten meters, and that the Plaintiff’s appearance and business trip are frequent to a company member working in the pharmaceutical company, so it is essential to operate a business vehicle, having economic difficulties, and there are family members to support, etc., the instant disposition is beyond the scope of discretionary authority or abuse discretionary authority.
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 such cases, even if the criteria for punitive administrative disposition are prescribed in the form of Ordinance, it is nothing more than that prescribed in the administrative agency's internal administrative rules.