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 24, 2017, the Plaintiff driven a DNA rocketing car under the influence of alcohol by 0.21% at the cherb alcohol concentration on the front of the cherb in the cherb in the Kasan-si B.
B. On June 9, 2017, the Defendant rendered a disposition to revoke the driver’s license (Class I ordinary) pursuant to Article 93(1)1 of the Road Traffic Act against the Plaintiff (hereinafter “instant disposition”).
C. The Plaintiff dissatisfied with the instant disposition and filed an administrative appeal with the Central Administrative Appeals Commission, but was dismissed on August 31, 2017.
[Reasons for Recognition] Facts without dispute, Gap 1, 2, 23 evidence, Eul 1 to 14 evidence, the purport of the whole pleadings
2. Whether the disposition is lawful;
A. The plaintiff's assertion has no record of driving or traffic accident for 16 years after obtaining the driver's license. At the time of driving under the influence of alcohol of this case, the plaintiff was using a substitute driver for driving. At the time of driving under the influence of alcohol of this case, he was driving 10 meters or more for mobile parking, while working in a manufacturer of ready-mixeds. Since the driver's license is essential for the operation of the vehicle for the management of receiving or supply from the customer, the examination at the construction site, and the collection and collection of samples, the driver's license is revoked, and it is difficult to maintain livelihood or to repay debts due to the cancellation of the license, and driving is also necessary for the circulation of the punishment for which the extension of the license has been granted. In light of all the circumstances, the disposition of this case is more unfavorable than the realization of the public interest to achieve the disposition of this case, which is in violation of the principle of interest and the principle of discretionary power has been abused and abused.
B. Whether a punitive administrative disposition deviates from or abused the scope of discretion by social norms, the determination shall be objectively deliberated on 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.