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 1, 2016, the Defendant rendered a disposition to revoke the Plaintiff’s driver’s license as of July 2, 2016 (hereinafter “instant disposition”) pursuant to Article 93(1)1 of the Road Traffic Act, on the ground that the Plaintiff driven D vehicles under the influence of alcohol content of 0.149% in front of the gas station located in the C/L located in Busan, Busan, on April 30, 2016, on the ground that the Plaintiff driven D vehicles under the influence of alcohol content of 0.149%.
B. On July 6, 2016, the Plaintiff appealed against the instant disposition and filed an administrative appeal with the Central Administrative Appeals Commission, but was rendered a dismissal ruling on September 30, 2016.
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 to 4 (including virtual numbers), the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. In light of various circumstances, including the fact that the Plaintiff’s assertion is operating a container shuter in the Busan Port Authority, and the revocation of the driver’s license causes a enormous impediment to his family’s livelihood, that the Plaintiff was driving under the influence of alcohol or without any history of causing any traffic accident, and that the instant disposition constitutes a case where the Plaintiff deviates from or abused its discretion due to its excessive suspicion. Thus, the instant disposition is unlawful.
B. In light of the fact that even if the revocation of a driver's license on the ground of drinking alcohol is the discretionary act of an administrative agency, it is very important for public interest to prevent traffic accidents caused by drinking driving, in light of the situation where the driver's license is issued in large volume, the trend of the increase of traffic accidents caused by drinking, and the result thereof, even though the driver's license on the ground of drinking alcohol is a discretionary act of an administrative agency, and accordingly, the driver's license on the ground of drinking is frequently involved (see, e.g., Supreme Court Decision 97Nu13214, Nov. 14, 197). Therefore, when the driver's license on the ground of drinking driving is revoked, unlike