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 April 20, 2016, the Defendant issued the instant disposition to revoke the Plaintiff’s driver’s license as of May 7, 2016, on the ground that the Plaintiff driven a vehicle under the influence of alcohol concentration of 0.115% on the road located in the Namyang-si, Gyeonggi-do on March 23, 2016, on the ground that the Plaintiff driven a vehicle under the influence of alcohol concentration of 0.15%.
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 September 30, 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 Plaintiff’s alleged construction worker’s revocation of a driver’s license, etc., the instant disposition is unlawful as it deviates from and abused discretion.
B. (1) In full view of the following circumstances acknowledged by comprehensively taking into account the evidence mentioned above and the statement mentioned in No. 5-2 of the evidence and the purport of the entire pleadings, even considering the degree of disadvantage suffered by the Plaintiff and other various circumstances asserted by the Plaintiff, the public interest is greater than the disadvantage suffered by the Plaintiff due to the instant disposition.
Article 91(1) [Attachment Table 28] of the Enforcement Rule 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.
Today, there is a growing need to strictly observe traffic regulations due to the rapid increase of motor vehicles, the large number of driver's licenses are issued, so traffic conditions are complicated, and in particular, traffic accidents due to drinking driving are frequently frequently and the results are harsh, so there is a great need for public interest to prevent traffic accidents due to drinking driving.
At the time of the control of this case, the Plaintiff’s leading position is as follows.