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 October 8, 1991, the Plaintiff acquired Class I ordinary drivers’ licenses and Class I large drivers’ licenses on July 5, 2002 respectively.
B. On October 30, 2014, the Defendant revoked all first-class ordinary drivers’ licenses and first-class large drivers’ licenses on the ground that, around 00:45 on October 7, 2014, the Plaintiff driven BK-type driver’s license under the influence of alcohol level of 0.101% on the street in front of the Handong-gu, Seo-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Cheongdong-gu, Cheongdong-gu, with a blood alcohol level of 0.10%.
(hereinafter “instant disposition”). C.
On December 24, 2014, the Plaintiff filed an administrative appeal with the Central Administrative Appeals Commission, but the said claim was dismissed on March 3, 2015.
[Ground of recognition] Facts without dispute, Gap evidence 1, 3, 4, Eul evidence 1 to 8, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. Considering 0.05% of the error scope of the Plaintiff’s alleged alcohol measuring instrument, the Plaintiff’s blood alcohol level is highly likely to fall short of the standard value for the revocation of driver’s license, and the instant disposition causes a big trouble to the livelihood of both the Plaintiff and their families, the instant disposition is deemed to have been excessively harshly abused and abused discretion.
(b) as shown in the attached Form of the relevant 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, the increase in traffic accidents caused by drinking driving and the result thereof are frequently involved, etc., the necessity for public interest to prevent traffic accidents caused by drinking driving is very large. Therefore, the revocation of a driver's license on the ground of drinking driving on the ground of drinking driving should be prevented, unlike the revocation of the ordinary beneficial administrative act, rather than the disadvantage of the party who will suffer from the revocation.