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, 2018, the Defendant issued a disposition revoking the Plaintiff’s driver’s license (class 1 ordinary) as of October 21, 2018 (hereinafter “instant disposition”) on the ground that the Plaintiff driven B vehicles while under the influence of alcohol at 0.110% in the 116 Newamamro-ro, Daegu-gu, Daegu-ro, 116:50 on September 6, 2018 (hereinafter “instant disposition”).
B. The Plaintiff filed an administrative appeal against the instant disposition, but the Central Administrative Appeals Commission rendered a ruling dismissing the Plaintiff’s claim on November 20, 2018.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 and 10, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. In light of the following: (a) the Plaintiff asserted that he was under the influence of alcohol to attend a company’s meeting before the completion of the company’s meeting ceremony; (b) the Plaintiff was working in the pharmaceutical company’s business division and thus the Plaintiff’s driver’s license is essential for the business of visiting the customer; (c) the Plaintiff did not have any past five years; (d) the driving distance is about 700 meters; (e) the Plaintiff did not occur due to the pertinent drinking driving; and (e) the Plaintiff’s accident occurred due to the instant drinking driving; and (e) the Plaintiff’s support for his spouse and 6-doed daughters; and (e) the instant disposition makes it difficult for the Plaintiff to live, due to the instant disposition, the instant disposition is excessively harsh to the Plaintiff
B. Determination 1 as to whether a punitive administrative disposition deviates from or abused the scope of discretion by social norms ought to be determined by comparing and balancing the degree of infringement on public interest and the disadvantages suffered by an individual by objectively examining the content of the violation, which is the reason for the disposition, the public interest to be achieved by the relevant disposition, and all relevant circumstances.
In addition, the criteria for the disposition of Ordinances are.