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 October 31, 1994, the Plaintiff acquired a Class I ordinary driver’s license (B), Class I ordinary driver’s license on April 19, 195, Class I driver’s license on April 24, 1998, Class I driver’s license on August 10, 1998, Class I driver’s license on March 21, 2019. On March 31, 2019, around 21:17, the Plaintiff driven approximately 0.181% ( blood collection) with a blood alcohol level of 300 meters (hereinafter “instant drinking driving”).
B. On February 6, 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's assertion that the plaintiff used the ordinary alcohol as a proxy, did not cause a traffic accident through the drinking driving of this case, the distance of the drinking driving of this case is relatively short of 300 meters, and the plaintiff is a model driver for 26 years without any particular accident, the plaintiff must get home to and from the company, and the driver's license is essential to maintain his/her livelihood, the plaintiff actively cooperates with and reflects with the investigation agency about the drinking driving of this case, the plaintiff must support his/her spouse and two children, and the plaintiff bears the obligation of the loan received due to his/her business failure in the past, etc.
B. The issue of whether a punitive administrative disposition deviates from or abused the scope of discretion by social norms is the ground for the disposition.