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 January 22, 2016, the Defendant issued the instant disposition to revoke the Plaintiff’s driver’s license as of February 27, 2016, on the ground that the Plaintiff was under the influence of alcohol of 0.122% at the 3rd Jeju-dong, Chungcheongnam-dong, Seoul-dong, and that the Plaintiff driven a B rocketing car at the shop near the 3rd-dong, Chungcheongnam-dong, Chungcheongnam-dong, Seoul-dong, and that he driven a B rocketing car.
B. The Plaintiff dissatisfied with the instant disposition and filed an administrative appeal on January 21, 2016, but the Central Administrative Appeals Commission dismissed the said claim.
[Judgment of the court below] The ground for recognition is without merit, Gap's 13, Eul's 1, and the ground for appeal
2. Whether the instant disposition is lawful
A. In light of the fact that the Plaintiff’s exercise of claim is engaged in the event industry and the revocation of the driver’s license is difficult to maintain livelihood, etc., the instant disposition is unlawful as it deviates from and abused discretion.
B. (1) In full view of the following circumstances acknowledged by comprehensively taking into account the purport of the entire evidence presented in the judgment, the public interest is more likely to be achieved than the disadvantage suffered by the Plaintiff due to the instant disposition, even considering the degree of disadvantage suffered by the Plaintiff and other various circumstances asserted by the Plaintiff.
(1) Article 91 (1) [Attachment Table 28] of the Enforcement Rules of the Road Traffic Act
2. Individual criteria for revocation stipulate that driver's license shall be revoked when a person drives a vehicle in a drunken state (not less than 0.1% of blood alcohol concentration). The instant disposition conforms to the above criteria.
② The need to strictly observe traffic regulations is growing due to the rapid increase of automobiles, the large number of driver’s licenses is issued, and traffic conditions are complicated. In particular, the need for public interest to prevent traffic accidents caused by drunk driving is very large because traffic accidents frequently occur and the results of the frequent traffic accidents are harsh.
③ At the time of the control of this case, the level of the Plaintiff’s exploitation.