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 May 25, 1993, the Plaintiff obtained a Class 2 driver’s license (B), Class 1 driver’s license on July 17, 2017, and around 02:10 on March 29, 2018, the Plaintiff caused an accident that, while under the influence of alcohol at approximately 0.114% in blood alcohol level, the Plaintiff was under the influence of alcohol at approximately 20km in alcohol level (hereinafter “dacting driving of this case”) while entering the road packing site of Yongsan-gu, Seoul, Gangdong-gu, Seoul, as well as at March 29, 2018.
B. On April 13, 2018, the Defendant rendered a disposition to revoke the license for driving under the preceding paragraph (hereinafter “instant disposition”) by applying Article 93(1)1 of the Road Traffic Act to the Plaintiff on the ground of the instant drunk driving (hereinafter “instant disposition”).
C. The Plaintiff appealed and filed an administrative appeal with the Central Administrative Appeals Commission, but was dismissed on July 3, 2018.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 8, Eul evidence Nos. 1 through 14, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion is an error of deviation from discretion and abuse in light of the following: (a) the Plaintiff’s business of importing and selling coffees each day; (b) the Plaintiff’s blood alcohol level at the post office is insignificant; (c) the Plaintiff’s blood alcohol level at the time of driving the instant alcohol; (d) actively cooperates with and reflects to investigation agencies in relation to drinking driving of the instant case; and (e) the Plaintiff should support his family members and bear household debts; and (e) economic difficulty is difficult.
B. Whether a punitive administrative disposition deviatess from or abused the scope of discretion by social norms, the substance of the offense as the ground for the disposition, the public interest to be achieved by the pertinent disposition, and all the circumstances pertaining thereto.