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 November 1, 2019, at around 04:29, the Plaintiff driven a B-car level under the influence of alcohol by 0.112%, and driving a approximately KRW 750 meters from the front of the Dong-gu E apartment parking lot located in the Gyeonggi-si, Gyeonggi-si, a member C at the Gyeonggi-si, to the apartment parking lot located in the Dong-gu, Gyeonggi-si.
B. On November 19, 2019, the Defendant issued a disposition to revoke the Plaintiff’s license for Class I ordinary, Class II ordinary, Class II ordinary, Class II small, and Class II motorcycles on the ground that the Plaintiff was driven while under the influence of alcohol with a blood alcohol level of at least 0.08%, which is the base value for revocation of the license (hereinafter “instant disposition”).
C. On December 4, 2019, the Plaintiff filed an administrative appeal against the instant disposition. However, the Central Administrative Appeals Commission dismissed the Plaintiff’s request for administrative appeal on February 4, 2020.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 14, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. In light of the purport of the Plaintiff’s assertion that no personal or material damage has occurred due to the Plaintiff’s drunk driving and the driving distance of the vehicle is relatively short of 500 meters, active cooperation has been made with respect to the detection, the Plaintiff’s driver’s license is essential due to the nature of the duties to restore the appearance of the automobile to its self-employed person; the Plaintiff’s spouse and two children are supported by the Plaintiff and is operating the business with loans secured by collateral, the instant disposition should be revoked because it is too harsh to the Plaintiff, thereby abusing or abusing the discretion.
B. Whether a punitive administrative disposition deviatess from or abused the scope of discretion by social norms, or not shall be objectively deliberated on the content of the offense as the grounds for the disposition, the public interest to be achieved by the relevant disposition, and all the circumstances pertaining thereto, thereby resulting in the infringement of public interest and the disposition.