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 September 18, 2002, the Plaintiff acquired a Class I ordinary driver’s license (B), and around March 28, 2019, around 23:58, the Plaintiff driven a vehicle of about 70 meters Gene G80 meters (hereinafter “instant drunk driving”) with a blood alcohol level of about 0.113% while under the influence of alcohol level from the public parking lot adjacent to D located in C in C in C in C in Si interest, to the front of the F Hospital in Si interesting City.
B. On April 11, 2019, the Defendant rendered a disposition to revoke the driver’s license stated in 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 May 21, 2019.
[Ground of recognition] Facts without dispute, Gap evidence 1 to 6, Eul evidence 1 to 13, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff asserted that the Plaintiff used a usual driving, and tried to use a substitute driving prior to the pertinent driving, and that he did not cause a traffic accident through the pertinent drunk driving, and that the distance of the pertinent drunk driving was relatively short, and the Plaintiff was a model driver for 18 years without any particular accident. The Plaintiff is a company member, and the Plaintiff actively cooperates with and reflects with an investigative agency regarding the pertinent drunk driving, the Plaintiff must support his spouse and two children, alone, and the burden of living expenses, etc., in light of the fact that the instant disposition is in violation of discretionary authority and abuse.
B. Whether a punitive administrative disposition deviates from or abused the scope of discretion by social norms or not is objectively the content of the offense as the grounds for the disposition, the public interest to be achieved by the relevant disposition, and all other relevant circumstances.