자동차운전면허취소처분취소
The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
1. Details of the disposition;
A. On July 10, 2020, the Plaintiff driven C vehicle under the influence of alcohol level of 0.101% in front of the shooting distance at the entrance of Gangseo-gu Busan apartment site B, Gangseo-gu, Busan.
B. On July 27, 2020, the Defendant issued a disposition to revoke the first-class ordinary driver’s license pursuant to Article 93(1)1 of the Road Traffic Act (hereinafter “instant disposition”) against the Plaintiff on the ground that he/she driven under the influence of alcohol 0.101% while under the influence of alcohol during blood.
(c)
On August 19, 2020, the Plaintiff filed an administrative appeal with the Central Administrative Trial Committee on the instant disposition, but the said claim was dismissed on September 15, 2020.
[Grounds for Recognition] Unsatisfy, Gap evidence No. 1, Eul evidence No. 1-1, 1-2, and 3-3, the purport of the whole pleadings
2. Determination
A. In light of the following: (a) the Plaintiff’s assertion was drinking after drinking the water for business necessity; (b) the driving of the water after driving the water; (c) the instant disposition is difficult to perform duties due to the need of the driver’s license for visiting business customers; (d) the driving of drinking or a serious violation of laws and regulations; and (e) the driving of drinking is seriously contrary to the fact that the instant disposition is illegal by abusing the discretionary authority.
B. In light of the fact that a motor vehicle is a mass means of transportation and accordingly, the need to strictly observe the traffic laws and regulations is growing as the traffic situation is congested by mass issuance of a motor vehicle driver's license, and the traffic accidents caused by drinking is frequent and the result of the frequent traffic accidents caused by drinking are harsh, so it is necessary to strictly regulate the driving of drinking to protect the majority of the public and pedestrians, the need for public interest in preventing traffic accidents caused by drinking, and the revocation of the driver's license is more severe than the disadvantage of the party that will be suffered by the revocation, unlike the cancellation of the ordinary beneficial administrative act.