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 July 14, 2016, the Defendant issued the instant disposition to revoke the Plaintiff’s driver’s license as of August 6, 2016, on the ground that the Plaintiff driven B taxi while under the influence of alcohol level of 0.168% at the apartment parking lot located in Heunggu-Eup in Yan-si on June 20, 2016, on the ground that the Plaintiff driven B taxi under the influence of alcohol level of 0.168%.
B. The Plaintiff dissatisfied with the instant disposition and filed an administrative appeal on July 26, 2016.
【Fact-finding without dispute over the ground for recognition, entry of evidence No. 1, and purport of the whole pleadings
2. Whether the instant disposition is lawful
A. In light of the fact that the revocation of the Plaintiff’s driver’s license due to driving of the Plaintiff’s private taxi is difficult to maintain livelihood, 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 purport of the entire evidence presented in the judgment, the public interest is more likely to be achieved than the disadvantage suffered by the Plaintiff due to the instant disposition, even considering the degree of disadvantage suffered by the Plaintiff and other various circumstances asserted by the Plaintiff.
(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% of blood alcohol concentration). 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 At the time of the instant crackdown, the Plaintiff’s primary exploitation is 0.168% exceeding the blood alcohol concentration of 0.1%, which is the basic value of the disposition revoking driver’s license.