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 22, 2020, at around 23:57, the Plaintiff driven an E rocketing car under the influence of alcohol of about 0.123% of blood alcohol concentration at the 12km section from the roads near Suwon-si, Suwon-si to the roads near Suwon-si, Suwon-si.
B. On May 7, 2020, the Defendant issued a disposition revoking the first-class ordinary driver’s license against the Plaintiff on the ground that the Plaintiff was under the influence of alcohol with a blood alcohol level of at least 0.08%, which is the base value for revocation of the license (hereinafter “instant disposition”).
C. The Plaintiff filed an administrative appeal against the instant disposition, but the Central Administrative Appeals Commission dismissed the Plaintiff’s request for administrative appeal on June 30, 2020.
[Ground of recognition] Facts without dispute, Gap evidence 1 to 6, Eul evidence 1 to 12, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The gist of the Plaintiff’s assertion is that the Plaintiff has no accident record, such as traffic accidents or drunk driving, etc. since the Plaintiff acquired the Plaintiff’s license, has used the ordinary driving, has actively cooperated in the investigation and investigation, is currently contrary to the Plaintiff’s duty, and it is said that the Plaintiff would not drive under the influence of alcohol again. In light of the Plaintiff’s nature of the Plaintiff’s duty, if the Plaintiff’s driver’s license is revoked, it is difficult for the Plaintiff’s home to maintain its livelihood. Therefore, the instant disposition should be revoked because it is too harsh to the Plaintiff, and thus, it should be revoked
B. Determination 1 of the relevant legal doctrine ought to be determined by comparing and comparing the degree of infringement on public interest and the disadvantage suffered by an individual due to the degree of infringement on public interest by objectively examining the content and degree of violation, which is the reason for the disposition, the degree of violation, the necessity of public interest to be achieved by the disposition, the disadvantage to be borne by the individual, and all relevant circumstances.
3.2