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 23, 2017, at around 23:35, the Plaintiff rejected a demand for a drinking test on the ground that he/she driven a soft or a car while under the influence of alcohol, from around 23:51 on the same day, around 23:51 on the same day, and around 23:56 on the following day.
(hereinafter “instant refusal of drinking alcohol measurement”). (b)
On May 15, 2017, the Defendant rendered a disposition revoking the Plaintiff’s driver’s license (Class II common) on the ground of the instant refusal to measure alcohol (hereinafter “instant disposition”).
C. The Plaintiff dissatisfied with the instant disposition and requested an administrative appeal to the Central Administrative Appeals Commission on May 25, 2017, but was dismissed on July 4, 2017.
【Ground of recognition】 The fact that there has been no dispute, Gap Nos. 4, 5, Eul No. 5, Eul No. 5, 6, and 8, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. At the time of the Plaintiff’s assertion, the Plaintiff did not cause an accident or personal injury due to the Plaintiff’s driving, and the Plaintiff moved to the place where the Plaintiff was an agent at the time, and the Plaintiff is expected to have a big difficulty in the livelihood of the principal and his dependents when the instant disposition became final and conclusive due to the circumstances that make it difficult for him/her to perform his/her duties as a worker without driving the vehicle as a worker. The instant disposition is beyond the scope of discretion or abuse discretionary authority.
(b) The details of the relevant statutes are as shown in the attached statutes.
C. Determination 1 as to whether an administrative disposition exceeds the scope of discretion under the social norms or abused discretionary power ought to be determined by comparing and balancing the degree of infringement on public interest and the disadvantages suffered by an individual due to such disposition by objectively examining the content of the offense committed as the ground for disposition, the public interest to be achieved by the relevant disposition, and all the relevant circumstances.
In such cases, the criteria for sanctions shall be prescribed in the form of Ministerial Ordinance.