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 August 23, 2019, the Plaintiff, while under the influence of alcohol at 0.136% of blood alcohol level, driven the BM3 car, and driven the 5km car at the parking lot of “D convalescent hospital” located in the same Gu as the “D convalescent hospital,” located in the same Gu C from the roads near the Suwon-gu Suwon-gu Suwon-gu Suwon-gu, Suwon-si.
B. On December 31, 2019, the Defendant issued a disposition to revoke the first-class ordinary driver’s license against the Plaintiff on the ground that the Plaintiff was under the influence of alcohol with a blood alcohol level of at least 0.08%, which is the base value for revocation of the license (hereinafter “instant disposition”).
C. The Plaintiff filed an administrative appeal against the instant disposition, but the Central Administrative Appeals Commission dismissed the Plaintiff’s request for administrative appeal on May 26, 2020.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3, Eul evidence 1 to 12, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The summary of the Plaintiff’s assertion is that the Plaintiff was driving to find a convenience store to charge a mobile phone, etc., although the Plaintiff did not contact with the agent after drinking alcohol, but the mobile phone operator was left off, and the mobile phone operator was driven to find out convenience points to charge the mobile phone. The Plaintiff did not cause any physical and physical damage due to the Plaintiff’s drinking driving, and the distance of driving was relatively short, the Plaintiff would not drive under the influence of alcohol again, and the Plaintiff is going against and would not drive under the influence of alcohol again. The Plaintiff retired from the previous workplace and is going to a new workplace in the time of her birth, and as in the previous workplace, the Plaintiff is essential for driving due to the characteristics of the business, as in the previous workplace, and the Plaintiff must provide the two spouse and children with support and pay loans, and the Plaintiff must also have to have an economic assistance even with the upper thickness. The instant disposition should be revoked because it is an unlawful act that excessively abused the discretion of the Plaintiff.
B. The judgment-1 punitive administrative disposition has deviates from the scope of discretion by social norms.