자동차운전면허취소처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of disposition;
A. On March 14, 2017, the Plaintiff, holding Class 1 large and ordinary drivers’ licenses, was driving a D car on the road of about 10 meters near the C garden in Gwangju Mine-gu, Gwangju, while under the influence of alcohol 0.136% of alcohol level around 23:46.
B. On April 6, 2017, the Defendant issued a disposition revoking the Plaintiff’s Class I large and ordinary driver’s license on the ground of the foregoing drunk driving (hereinafter “instant disposition”).
C. The Plaintiff filed an administrative appeal against the instant disposition, but the claim was dismissed on June 20, 2017.
【Ground of recognition】 The fact that there has been no dispute, Gap Nos. 1, 2, Eul No. 2 through 4, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. Comprehensively taking account of the fact that the Plaintiff’s assertion was made for 14 years after obtaining the Plaintiff’s driver’s license, that the Plaintiff operates alcoholic beverages in a workplace that is employed as a difficult regular employee, and thus, the driver’s license is essential and thus, there is a risk of unemployment if the license is revoked, that makes it difficult for his family members to live, and that he must support the parents in the hospital, etc., the instant disposition is more unfavorable than that of the public interest that may be gained due to the instant disposition, and thus, the instant disposition was deviates from and abused the discretion.
(b) as shown in the attached Form of the relevant statutes;
C. 1) Determination of whether a punitive administrative disposition deviatess from or abused the scope of discretion under the social norms should be made by comparing and balancing the degree of infringement of public interest and the disadvantages suffered by an individual’s disposition by objectively examining the content of the violation, which is the reason for the disposition, and the public interest achieved by the relevant disposition, and all the relevant circumstances (see, e.g., Supreme Court Decision 98Du11779, Apr. 7, 2000; see, e.g., Supreme Court Decision 98Du11779, Apr. 7, 200).