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 February 26, 2016, the Defendant issued the instant disposition to revoke the Plaintiff’s driver’s license as of March 23, 2016, on the ground that the Plaintiff driven B automobiles under the influence of alcohol level of 0.108% prior to the Gidong-gun, Gidong-gun on February 1, 2016, on the ground that the Plaintiff driven B automobiles under the influence of alcohol level of 0.108%.
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 June 21, 2016.
【Unfounded facts, entry of evidence Nos. 1 and 7, and the purport of the whole pleadings】
2. Whether the instant disposition is lawful
A. In light of the fact that the Plaintiff’s alleged trucking material is delivered and the driver’s license is revoked, etc., the instant disposition is unlawful as it deviates from and abused discretion.
B. (1) Comprehensively taking into account the following circumstances acknowledged by comprehensively taking into account the evidence mentioned above and the statements mentioned in subparagraphs 4 and 5 of Article 4 and the purport of the entire pleadings, the degree of disadvantage suffered by the plaintiff to the disposition of this case and other circumstances asserted by the plaintiff are more likely to be achieved than the disadvantage suffered by the plaintiff to the disposition of this case.
(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 percent of alcohol level in blood). 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 The instant case.