자동차운전면허취소처분취소
The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
1. Details of the disposition;
A. On May 30, 2020, at around 23:14, the Plaintiff driven B vehicles under the influence of alcohol with a blood alcohol concentration of 0.148% in front of the bus bus stops located in the Seocho-si, Eup/Myeonn-si, Seosan-si (hereinafter “instant drunk driving”).
B. On June 15, 2020, the Defendant rendered a disposition to revoke the Plaintiff’s driver’s license (class 1 ordinary, large dog) on the ground of the instant drunk driving (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 25, 2020.
【Ground of recognition】 The fact that there has been no dispute, Gap Nos. 1, 2, 5, Eul No. 1, 2, and 4, and the purport of the whole pleadings
2. Whether the disposition is lawful;
A. In light of all circumstances such as the Plaintiff’s assertion that the flow of traffic was obstructed or the occurrence of a traffic accident occurred, the active cooperation was made in the investigation of drunk driving after the pertinent drunk driving, the distance of drunk driving was only 20 meters, the Plaintiff used a usual driving, the Plaintiff’s vehicle operation is essential, economic difficulties are experienced, and there is a family member to support, etc., the instant disposition is beyond the scope of discretion or abuse of discretionary power.
B. Determination 1 as to whether a punitive administrative disposition exceeds the scope of discretion under the social norms or abused discretionary power ought to be determined by comparing and balancing the degree of infringement on public interest and the disadvantages suffered by an individual due to such disposition by objectively examining the content of the offense committed as the grounds for the disposition, the public interest to be achieved by the relevant disposition, and all relevant circumstances.
In such cases, even if the criteria for punitive administrative disposition are prescribed in the form of Ordinance, it is nothing more than that prescribed in the administrative agency's internal administrative rules.