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 11, 2017, at around 08:50, the Plaintiff driven B benz’s vehicle volume under the influence of alcohol 0.178% at the front of the 210 National Cemetery at the 210th National Cemetery, the Dongjak-gu Seoul. (hereinafter “instant drunk driving”).
B. On September 14, 2017, the Defendant rendered a disposition to revoke the Plaintiff’s driver’s license (Class II common) on the ground of the instant drunk driving (hereinafter “instant disposition”).
C. The Plaintiff dissatisfied with the instant disposition and filed an administrative appeal with the Central Administrative Appeals Commission on October 19, 2017, but was dismissed on December 12, 2017.
[Ground of recognition] The fact that there is no dispute, Gap evidence 2, Eul evidence 1, 5 or 11, and the purport of whole pleadings
2. Whether the instant disposition is lawful
A. In light of the following: (a) the Plaintiff’s assertion that he was a substitute engineer after drinking alcohol but he was forced to drive for a long time; (b) the driving of the instant drinking without causing human or physical damage; (c) the operation of the vehicle is essential on the part of the business (including a large number of business trips for counseling as an insurance company’s operating staff); and (d) the instant disposition is beyond the scope of discretion or abused discretionary power.
B. Determination 1 as to whether an administrative disposition exceeds the scope of discretion under the social norms or abused discretion ought to be determined by comparing and balancing the degree of infringement on public interest and the disadvantages suffered by an individual due to such disposition by objectively examining the content of the offense committed as the ground for disposition, the public interest to be achieved by the relevant disposition, and all relevant circumstances.
In this case, even if the standard of punitive administrative disposition is prescribed in the form of Ordinance, it is nothing more than that of the administrative agency's internal rules for administrative affairs, and therefore there is no effect to guarantee the people or the court externally.