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 January 8, 2018, the Plaintiff driven B vehicles while under the influence of alcohol with 0.112% alcohol level around 03:23.
B. Accordingly, on January 16, 2018, the Defendant rendered a disposition to revoke a driver’s license (Class I ordinary) for the Plaintiff (hereinafter “instant disposition”).
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 5, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. In light of the fact that the Plaintiff’s assertion is a public performance planning and security doctor and must drive the Plaintiff without fail because he/she must return to the nation, and that he/she suffers difficulties in supporting his/her family when he/she loses his/her driver’s license, the instant disposition exceeded the scope of discretion or abused discretion.
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 this case, even if the criteria for disciplinary administrative disposition are prescribed in the form of Ministerial Ordinance, it is nothing more than that prescribed in the administrative affairs rules inside the administrative agency, and thus, it is not effective externally to guarantee citizens or courts. Whether such disposition is legitimate or not must be determined in accordance with the contents and purport of the relevant Acts and subordinate statutes, not only the above disposition criteria,
Therefore, the disposition can not be deemed legitimate, but it does not conform with the Constitution or laws by itself, or a punitive administrative disposition according to the above disposition disposition is in light of the contents and purport of the violation and the relevant laws and regulations.