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 30, 2016, the Defendant rendered the instant disposition to revoke the Plaintiff’s driver’s license as of August 3, 2016 on the ground that the Plaintiff driven B vehicles under the influence of alcohol level of 0.147% at the male, male and male, Simpo, Simsi on June 23, 2016.
B. The Plaintiff filed an administrative appeal against the instant disposition, but the Central Administrative Appeals Commission rendered a decision to dismiss the said claim on August 16, 2016.
[Judgment of the court below] The ground for recognition is without merit, Gap evidence Nos. 1 and 2, and the ground for appeal
2. Whether the instant disposition is lawful
A. In light of the fact that the Plaintiff’s supply of materials to manufacture the alleged cable, and the revocation of the Plaintiff’s driver’s license is difficult to maintain livelihood, the instant disposition is unlawful as it deviates from and abused discretion.
B. (1) In full view of the following circumstances acknowledged by comprehensively taking into account the purport of the entire evidence presented in the judgment, the public interest is more likely to be achieved than the disadvantage suffered by the Plaintiff due to the instant disposition, even considering the degree of disadvantage suffered by the Plaintiff and other various circumstances asserted by the Plaintiff.
(1) Article 91 (1) [Attachment Table 28] of the Enforcement Rules of the Road Traffic Act
2. Individual criteria for revocation stipulate that driver's license shall be revoked when a person drives a vehicle in a drunken state (not less than 0.1% of blood alcohol concentration). The instant disposition conforms to the above criteria.
② The need to strictly observe traffic regulations is growing due to the rapid increase of automobiles, the large number of driver’s licenses is issued, and traffic conditions are complicated. In particular, the need for public interest to prevent traffic accidents caused by drunk driving is very large because traffic accidents frequently occur and the results of the frequent traffic accidents are harsh.
③ At the time of the instant control, the Plaintiff’s taking-out is the standard setting for the revocation disposition of driver’s license.