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 30, 2019, the Plaintiff was given 100 points with penalty points on the ground that he/she driven a vehicle while under the influence of alcohol 0.079% due to a violation of the central line invasion (hereinafter “instant drinking”).
B. On February 25, 2019, the Defendant issued a disposition to revoke the Plaintiff’s driver’s license (Class 1 common account) as of February 25, 2019 (hereinafter “instant disposition”) pursuant to Article 93(2) of the Road Traffic Act and Article 91(1) and [Attachment 28] of the Enforcement Rule of the Road Traffic Act on the ground that the Defendant’s annual calculation score exceeds 121 points.
C. The Plaintiff filed an administrative appeal against the instant disposition, but the Central Administrative Appeals Commission rendered a ruling dismissing the Plaintiff’s claim on April 23, 2019.
[Ground of recognition] Facts without dispute, Gap evidence 1, 4, Eul evidence 1, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s 30 points of the given points due to the Plaintiff’s violation of the center line of the Plaintiff’s assertion are about the part on which the Plaintiff did not pass, and the revocation of the license by adding up 100 points of the given points due to drinking driving, which is regulated on the same opportunity, is excessively harsh to the Plaintiff; the Plaintiff is supporting the mother who is receiving medical treatment after the driving of the freight vehicle, and the instant disposition is very difficult for the Plaintiff’s livelihood due to the instant disposition, the instant disposition is deemed to have abused or abused discretion.
B. Determination 1 as to whether a punitive administrative disposition deviatess from or abused the scope of discretion by social norms ought to be determined by comparing and balancing the degree of infringement on 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 purpose to be achieved by the relevant disposition, and all relevant circumstances.
(e).