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 24, 2016, the Defendant rendered the instant disposition to revoke the Plaintiff’s driver’s license as of September 17, 2016 on the ground that the Plaintiff driven B vehicles under the influence of alcohol at a level of 0.176% (the result of blood collection measurement, the pulmonary measurement, 0.147%) of blood alcohol level (0.147%) on the road located in the Nam-gu So-dong, Nam-gu, Seoul.
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 October 21, 2016.
[Judgment of the court below] The ground for recognition is without merit, Gap 2, Eul 1 to 3, and the ground for appeal
2. Whether the instant disposition is lawful
A. In light of the fact that the Plaintiff’s assertion 25 tons of truck driving and maintaining family’s livelihood, and the driver’s license is essential, and the revocation of the driver’s license causes a big economic loss, etc., the instant disposition is unlawful as it is an abuse of 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, the number of car driving licenses is rapidly increasing, and traffic conditions are complicated, so the need to strictly observe traffic regulations is growing, and in particular, traffic accidents caused by drinking driving are frequent.