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 5, 2019, at around 22:24, the Plaintiff driven a B K5 vehicle while under the influence of alcohol by 0.140%, and 300 meters from the front of the G K5 vehicle to the roads of D apartment E-dong, Kimpo-si.
B. On July 1, 2019, the Defendant issued a disposition revoking the first-class ordinary driver’s license against the Plaintiff on the ground that the Plaintiff was under the influence of alcohol with a blood alcohol level of at least 0.1% (hereinafter “instant disposition”).
C. The Plaintiff filed an administrative appeal against the instant disposition, but the Central Administrative Appeals Commission dismissed the Plaintiff’s request for administrative appeal on September 24, 2019.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3, Eul evidence 1 to 12, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The gist of the Plaintiff’s assertion is that the Plaintiff, while drinking alcohol and drinking alcohol that the Plaintiff works together with the Plaintiff, sent a substitute engineer to take account of the substitute engineer, was driving directly at a distance close to his house, the distance from driving alcohol is relatively short, and the Plaintiff is going against and again not driving alcohol, and the Plaintiff is working as a green sap delivery center. The Plaintiff is working as a green apap delivery center at about 4:0 p.m., once the license is revoked, it is impossible to perform its duties, and it is possible to terminate its duties if the license is revoked, and when considering that the Plaintiff’s spouse is supported by his spouse and the Plaintiff’s debts should also be repaid, the instant disposition should be revoked because it is excessively harsh to the Plaintiff.
B. Whether a punitive administrative disposition deviates 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 relevant disposition, and all the circumstances pertaining thereto.