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 April 25, 2019, at around 21:30, the Plaintiff driven C’s low-pollution vehicle while under the influence of alcohol by 0.136% at the front of Mapo-gu Seoul Metropolitan Government (hereinafter “instant drinking”).
B. On June 1, 2019, the Defendant rendered a disposition to revoke the Plaintiff’s driver’s license (Class II common) on the ground of the instant drunk driving (hereinafter “instant disposition”).
C. The Plaintiff dissatisfied with the instant disposition and filed an administrative appeal with the Central Administrative Appeals Commission on June 12, 2019, but was dismissed on July 16, 2019.
【Ground of recognition】 The fact that there has been no dispute, Gap's 1, 2, Eul's 4 through 7, the purport of the whole entries and arguments
2. Whether the instant disposition is lawful
A. The Plaintiff asserted that the Plaintiff actively cooperates in the investigation of drunk driving after the pertinent drunk driving, and that the driving distance is only 800 meters, the Plaintiff’s vehicle operation is essential due to frequent appearance of a construction company as an on-site manager, having economic difficulties and family members to support, etc. In light of all circumstances, the instant disposition is beyond the scope of discretionary authority or abused discretionary authority.
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 such cases, even if the criteria for punitive administrative disposition are prescribed in the form of 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, and the legality of the disposition concerned is only the disposition criteria.