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 24, 2019, at around 22:00, the Plaintiff driven the B-learning passenger car owned by himself under the influence of alcohol of 0.149%, and 1 km from the two sides of the Seo-gu, Seoan-gu, Seoan-gu, Seoan-gu, Seoul to the two sides of the Dong-gu, Seoan-gu, Chungcheongnam-do.
B. On February 19, 2019, the Defendant issued a disposition revoking 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 0.1% (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 April 2, 2019.
[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, 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 did not cause any personal or material injury due to the Plaintiff’s drinking driving, the Plaintiff did not cause a traffic accident for about 10 years since the Plaintiff acquired the Plaintiff’s driver’s license, or did not have any history of driving under the influence of alcohol again, and the Plaintiff is currently going against and is going not to drive under the influence of alcohol again, and the Plaintiff is on duty as 2 teaching staff in the automobile parts factory, and the Plaintiff is on duty from the broad name of his residence to the factory located in Western-gu, Western-gu, Seo-gu, in order to get out of the factory, the vehicle driving needs to be essential, and when the license is revoked, the instant disposition is revoked because it is too harsh to the Plaintiff, thereby abusing the discretion.
B. Determination 1 whether a punitive administrative disposition deviatess from or abused the scope of discretion by social norms or not is the degree of infringement of public interest by objectively examining the content of the violation as the grounds for the disposition, the public interest to be achieved by the relevant disposition, and all relevant circumstances.