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 June 22, 2016, the Defendant revoked the Plaintiff’s license to drive a motor vehicle stated in the Plaintiff’s purport of the claim on the ground that “the Plaintiff driven a motor vehicle under the influence of alcohol at around 02:30 on May 27, 2016, while under the influence of alcohol content 0.141%.”
(hereinafter “instant disposition”). (b)
On July 26, 2016, the Plaintiff appealed and filed an administrative appeal with the Central Administrative Appeals Commission, but the Central Administrative Appeals Commission dismissed the appeal on September 30, 2016.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 to 17, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion has no record of driving under the influence of alcohol, who was engaged in the taxi driving at the time, and was represented by the substitute driver at the time, but the taxi was not covered by insurance, and was forced to drive the taxi for his/her home without any choice in the wind of refusing to drive on his/her own due to the occurrence of the accident, and while working at the printing office for the preparation of school expenses at high school, he/she lost the accident and she lives at class 3 of the physical disability with his/her driver’s license, so it is difficult to maintain his/her other occupation when his/her driver’s license is revoked.
The instant disposition, which does not take into account all such circumstances, is unlawful by abusing its discretion.
(b) Entry in the attached Form of relevant statutes;
C. Whether a punitive administrative disposition deviates from or abused the scope of discretion under the social norms shall be determined by comparing and balancing the degree of infringement of public interest and the disadvantages suffered by an individual due to the disposition, by objectively examining the content of the offense as the grounds for the disposition, the public interest to be achieved by the relevant disposition, and all the relevant circumstances. In this case, even if the criteria for the punitive administrative disposition are prescribed in the form of Ordinance, it shall be inside the administrative