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 4, 2001, the Plaintiff acquired a Class II ordinary driver’s license (B) and around 22:00 on May 24, 2019, the Plaintiff driven a 200-meter driver’s license with approximately 0.20 meters of alcohol level under the influence of alcohol level from around the 8th subway line of the Gangdong-gu Seoul Metropolitan Government Cancer 8 to the front road of the same Gu C (hereinafter “instant drinking driving”).
B. On July 30, 2019, the Defendant rendered a disposition to revoke the license stated in the preceding paragraph (hereinafter “instant disposition”) by applying Article 93(1)1 of the Road Traffic Act to the Plaintiff on the ground of the instant drunk driving (hereinafter “instant disposition”).
C. The Plaintiff appealed and filed an administrative appeal with the Central Administrative Appeals Commission, but was dismissed on August 20, 2019.
[Ground of recognition] Facts without dispute, Gap evidence 1 to 6, Eul evidence 1 to 13, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The plaintiff's assertion that the plaintiff did not cause a traffic accident through the drinking driving of this case; the plaintiff was a model driver for 19 years without any particular accident; the distance of drinking driving of this case is relatively short of 400 meters; the plaintiff actively cooperates with investigation agencies about the facts of drinking driving of this case; the plaintiff is a representative of the E child-care center, and the plaintiff is in charge of the plaintiff's child-care center, and the plaintiff must gather the her mother who caused the boom surgery to the hospital; therefore, the vehicle driving is essential; the plaintiff supports two children under the name of the spouse in the form of divorce lawsuit, and supports two children under the ability due to depression and yellow disorder; the parent's thickness, which is a basic living beneficiary, should be able to provide economic assistance; and it is economically difficult to do so, such as cost of living and household debt. It is an error of abuse of discretion and abuse of discretion.
B. Whether the first punitive administrative disposition deviates from or abused the scope of discretion by social norms.