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 December 24, 2014, at around 18:00, the Plaintiff: (a) driven a C motor vehicle under the influence of alcohol level of 0.145% on the front side of Gangseo-gu Seoul Metropolitan Government B; (b) caused the shock of another motor vehicle; and (c) discovered the fact of drunk driving in the course of investigating the said accident.
B. On January 16, 2015, the Defendant rendered a disposition revoking the Plaintiff’s first-class ordinary driver’s license (D) to the Plaintiff on February 13, 2015 (hereinafter “instant disposition”).
C. The Plaintiff filed an administrative appeal against the instant disposition, but the said claim was dismissed on or around March 3, 2015.
[Reasons for Recognition] Facts without dispute, Gap 1, 2 evidence, Eul 1 to 10 evidence, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The plaintiff's assertion was found to be a minor contact accident during his/her returning home, because he/she did not feel food and drink and drink a drink on the date of detection of the plaintiff's assertion.
Since the acquisition of a driver's license, there is no accident or violation of laws and regulations.
The plaintiff is a self-employed person who supplies and delivers fishery products and is an indispensable means to maintain his/her livelihood due to the characteristics of his/her occupation.
In full view of all the circumstances, the instant disposition was erroneous in the abuse of discretionary power.
(b) The details of the relevant statutes are as shown in the attached statutes.
C. In light of the fact that the revocation of a driver’s license on the ground of drinking, such as drinking driving, etc., is an administrative agency’s discretionary act, today’s mass means of transportation, and accordingly, a large number of motor vehicles are issued, and the trend and result of the increase of traffic accidents caused by drinking driving, etc., the need for public interest to prevent traffic accidents caused by drinking driving is very large, and thus, the revocation of a driver’s license on the ground of drinking driving is ordinarily beneficial in general.