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 27, 2014, the Defendant issued a disposition to revoke the Plaintiff’s first-class ordinary driving license as of September 23, 2014 (hereinafter “the instant disposition”) pursuant to Article 93(1)1 of the Road Traffic Act, on the ground that “The Plaintiff, while under the influence of alcohol of 00:20 on August 12, 2014, he driven approximately 500 meters from the front day of the Yongsan-gu Seoul Metropolitan City Electronic Islands to the 83-meter Electronic Islands parking lot from the former Han River to the same Gu Cheongpa-ro.”
B. The Plaintiff appealed and filed an administrative appeal with the Central Administrative Appeals Commission, but was dismissed on September 30, 2014.
[Ground of recognition] Unsatisfy, Gap evidence 1, 2, Eul evidence 1 to 4, whole purport of oral argument
2. Whether the disposition is lawful;
A. The Plaintiff asserted that the Plaintiff was a substitute driver for drinking a small amount of alcoholic beverages and returning home, while eating with the customer. However, a substitute driver had not been driven and returned home due to the lack of driving. A substitute driver moved a vehicle called a road with a large number of vehicles to a parking lot with approximately 50 meters away, and a substitute driver was reported and discovered while waiting another substitute driver within the vehicle.
The plaintiff has been engaged in model driving for 16 years without the power of drinking driving and traffic accident, and must support his family while maintaining his livelihood due to driving. Therefore, although the driver's license is essential, the defendant's disposition of this case is deviating from or abused discretion.
B. In the modern society where a motor vehicle becomes a public and universal means of transportation, the increase of traffic accidents and the harm and injury caused by drinking driving must be regulated, and the necessity for public interest to prevent this should be emphasized. Therefore, the revocation of driving licenses on the ground of drinking driving should be revoked, unlike the revocation of general beneficial administrative acts.