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 12, 2014, around 22:30 on August 12, 2014, the Plaintiff was involved in a traffic accident while driving a vehicle B with B in the state of 0.13% alcohol concentration from Samsung Samsung-ro 149-32, Gangnam-gu, Seoul to 149-ro.
B. On September 24, 2014, by applying Article 96(1)1 of the Road Traffic Act, the Defendant issued a disposition revoking the driver’s license stated in the purport of the claim as of October 18, 2014 (hereinafter “instant disposition”).
C. The Plaintiff underwent the pre-trial procedure.
【Ground of recognition】 The fact that there is no dispute, Gap 1, 2, Eul 1 to 12, the purport of the whole pleading
2. Whether the disposition is lawful;
A. The Plaintiff’s alleged driving distance is less than 2 meters, and the victim of the traffic accident agreed smoothly with the victim of the traffic accident, and considering the circumstances where the driver’s license is necessary for living, the instant disposition constitutes a deviation or abuse of discretion due to the Plaintiff’s excessive suspicion.
B. Determination 1) In light of the fact that the revocation of a driver's license on the ground of drinking is an administrative agency's discretionary act, today's motor vehicle is a mass means of transportation and accordingly, the increase in traffic accidents caused by drinking driving and the result of the increase in the driver's license, etc., the need for public interest to prevent traffic accidents caused by drinking driving is very great (see, e.g., Supreme Court Decision 97Nu13214, Nov. 14, 197). Therefore, when the revocation of a driver's license on the ground of drinking driving on the ground of drinking driving, the general preventive aspect should be emphasized rather than the disadvantage of the party who will suffer from the revocation, unlike the revocation of the general beneficial administrative act. 2) The following circumstances acknowledged by the evidence mentioned above, namely, the criteria for the revocation of a driver's license under Article 91(1) [Attachment 28] of the Enforcement Rule of the Road Traffic Act.
2. In accordance with subparagraph 2 of the individual criteria for revocation, "the blood alcohol concentration in the state of drinking" is zero.