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 7, 2002, the Plaintiff acquired a Class 1 ordinary driver’s license. On October 30, 2018, the Plaintiff was subject to a disposition of suspension of driver’s license for 100 days from November 28, 2018 to March 7, 2019 on the ground of a violation of the duty of prohibition of drinking driving.
B. On February 22, 2019, the period of driver’s license suspension is around 09:46, the Plaintiff driven approximately KRW 1 km D Au Q5 car from the front road of Seongdong-gu Seoul Metropolitan Government to the front road of Seongdong-gu Seoul Metropolitan Government.
C. On April 5, 2019, the Defendant rendered a notice of revocation of a driver’s license (Class I ordinary) to the Plaintiff on April 5, 2019, on the ground that the Plaintiff was driving a motor vehicle during the suspension period of the driver’s license (hereinafter “instant disposition”).
The Plaintiff filed an administrative appeal against the instant disposition on April 29, 2019, but the Central Administrative Appeals Commission dismissed the Plaintiff’s petition for administrative appeal on June 4, 2019.
[Ground of recognition] The fact that there is no dispute, Gap's 1, 2, Eul's 2, Eul's 5 through 8 (including branch numbers), and the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. In light of all circumstances, the Plaintiff asserted that he was engaged in a police investigation in good faith after driving without a license, and that there was no personal injury due to driving without a license, and that the Plaintiff was a company member of the advertising company for commuting to and from work, the vehicle operation is essential, economic difficulty is experienced, and there are family members to support, and thus, the instant disposition was excessively harsh to the extent of discretion or abuse of discretionary authority.
B. Determination 1 as to whether a punitive administrative disposition exceeds the scope of discretion under the social norms, or abused discretionary power, shall be objectively deliberated on the content of the offense alleged as the ground for the disposition, the public interest to be achieved by the relevant disposition, and all relevant circumstances.