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. The Plaintiff is a person holding Class 1 large and Class 1 ordinary driver’s license (B). On November 5, 2014, at around 22:18, the Plaintiff, while under the influence of alcohol with a blood alcohol content of 0.128%, driven a car volume at 1 km from the entrance of the motorway located in the interest center in the interest of the original city, the car volume was 0.128%.
B. Accordingly, on November 14, 2014, the Defendant rendered a disposition revoking the Plaintiff’s above driver’s license under Article 93(1)1 of the Road Traffic Act (hereinafter “instant disposition”) on the ground of the Plaintiff’s drunk driving.
C. The Plaintiff dissatisfied with the instant disposition and filed an administrative appeal with the Central Administrative Appeals Commission, but received a dismissal ruling on January 6, 2015.
[Reasons for Recognition] Facts without dispute, entry of Eul's evidence 1 to 6 (including the relevant branch numbers), the purport of the whole pleadings
2. The Plaintiff’s assertion is the cause of the instant claim. The Plaintiff asserts that the instant disposition ought to be revoked as an illegal disposition that abused discretion by excessively harshly treating the Plaintiff and abused discretion, taking into account various circumstances, such as the fact that the Plaintiff is essential for the Plaintiff to maintain his family’s livelihood as a person who operates the pumps at the construction site and operates the pumps at the construction site; the Plaintiff did not have any record of drinking during 24 years prior to the instant case; and the Plaintiff continued to engage in volunteer activities while working
3. Determination
A. Even when the revocation of a driver's license on the ground of drinking, such as drinking driving, is an administrative agency's discretionary act, in light of today's mass means of transportation, the status where a driver's license is issued, and the trend and result of the increase of traffic accidents caused by drinking driving, etc., it is very important for public interest to prevent traffic accidents caused by drinking driving. Thus, it is limited to driving on the ground of drinking driving.