자동차운전면허취소처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. On March 1, 2017, the Defendant issued a disposition revoking the Plaintiff’s driver’s license (class 1 ordinary and class 2 motorcycles) as of April 24, 2017, on the ground that the Plaintiff driven a motor vehicle while under the influence of alcohol of 0.183% in front of the Dondong Dondong square, Changwon-si’s window (hereinafter “instant disposition”) on March 28, 2017, on the ground that the Plaintiff driven a motor vehicle with a character while under the influence of alcohol level of 0.1%.
On April 21, 2017, the Plaintiff filed an administrative appeal with the Central Administrative Appeals Commission on the instant disposition, and the Central Administrative Appeals Commission rendered a ruling dismissing the Plaintiff’s claim on June 20, 2017.
【Reasons for Recognition】 Entry of Evidence Nos. 1 and 12, the purport of the whole pleadings
2. Whether the disposition is lawful;
A. The instant disposition is unlawful as it deviates from and abused discretionary authority in light of the Plaintiff’s assertion that the Plaintiff continued to work in the workplace as a member to maintain his family’s livelihood by continuing to work as the execution and installation of the passenger voting at the workplace, the driver’s license is essential, and the Plaintiff has no power to drive drinking.
B. In light of the fact that today's judgment today requires frequent traffic accidents caused by drinking driving, and the result thereof is harsh, it is highly necessary for the public interest to prevent traffic accidents caused by drinking driving, and the revocation of a driver's license on the ground of drinking driving, unlike the case of general beneficial administrative act, the general preventive aspect that should prevent drinking driving rather than the disadvantage of the party due to the revocation should be more emphasized than the disadvantage of the party. The Plaintiff's drinking level constitutes the criteria for revoking driver's license under Article 91 (1) [Attachment Table 28] of the Enforcement Rule of the Road Traffic Act, with the degree of the Plaintiff's drinking level 0.183% of blood alcohol level, and there are no special circumstances to deem that the disposition in this case is remarkably unreasonable, even considering the circumstances asserted by the Plaintiff, it is necessary to secure traffic safety to be achieved through the instant disposition.