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 20, 2014, the Defendant issued a disposition to revoke the Plaintiff’s first-class and second-class license for a motor vehicle (D) on September 11, 2014 (hereinafter “instant disposition”) on the ground that “A vehicle was driven in C in the state of drinking alcohol concentration of 0.177% at the center in front of the center in Geumnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, Seoul.” (hereinafter “instant disposition”).
B. The Central Administrative Appeals Commission dismissed the Plaintiff’s request for administrative appeal on October 8, 2014.
[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 1, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The plaintiff's assertion revealed that he dices after drinking alcohol after having a dispute with his wife and family dysty, and that he was able to dyke the vehicle parked in his house, but he did not have any reaction and carried out a drunk driving.
The plaintiff immediately divided the wrong and moved the vehicle into a safe place, and reported it to the police and voluntarily surrenders to the police.
The plaintiff performed a alcohol measurement for about 30 minutes after drinking alcohol, and there is a possibility that blood alcohol concentration has risen.
The plaintiff is running cargo transport business, and supports the identification of the plaintiff being treated with a certificate of work experience.
The plaintiff did not drive under the influence of alcohol once for 35 years, and there was no personal or material minor accident.
The disposition of this case is too harsh to the plaintiff, and there is an error of deviation or abuse of discretionary power.
B. In light of the fact that a motor vehicle is a mass means of transportation and the issuance of a large amount of driver's license accordingly, and the result of a traffic accident caused by a drunk driving is frequently involved, the necessity of public interest to prevent traffic accidents caused by drunk driving is very large. Therefore, the revocation of a driver's license on the ground of a drunk driving shall be borne by the revocation of the license, unlike the cancellation of the general beneficial administrative act.