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 June 8, 199, the Plaintiff was driving with a Class 1 ordinary car driver’s license (B) issued on June 8, 199. On September 20, 2014, at around 00:24, the Plaintiff was under the influence of alcohol with a blood alcohol concentration of 0.143%, and was under the influence of alcohol, and was under the influence of driving a car volume of approximately 700 meters in the vicinity of the river basin of the erogic vibration in Sungnam-nam city, and was under the influence of alcohol.
B. Accordingly, on September 29, 2014, the Defendant rendered the instant disposition revoking the Plaintiff’s driver’s license pursuant to Article 93(1)1 of the Road Traffic Act on the ground that the Plaintiff was driven under influence of alcohol as above.
C. The Plaintiff filed an administrative appeal on November 28, 2014, but was dismissed on January 13, 2015.
[Ground of recognition] Unsatisfy, entry of Eul evidence No. 4
2. Whether the disposition is lawful;
A. The Plaintiff’s assertion is unlawful as it constitutes a case where the Defendant’s disposition of this case is excessively harsh and constitutes an abuse of discretionary authority or a deviation from or abuse of discretionary authority, in view of the following: (a) although the Plaintiff intended to act as an agent at the time but failed to arrive 20 minutes of the Act; (b) the Plaintiff’s driver’s license is required; (c) the Plaintiff’s family’s livelihood is threatened when the driver’s license is revoked; and (d) there is no record of administrative disposition or criminal punishment
B. In today’s rise in the number of vehicles, and the number of driver’s licenses is issued in large volume, so the need to strictly observe traffic regulations is increasing as traffic conditions are congested, and in particular, traffic accidents caused by drinking driving are frequently frequent and the results are harsh, so it is very important for public interest to prevent traffic accidents caused by drinking driving. Therefore, the revocation of driver’s licenses on the grounds of drinking driving is rather than the disadvantage of the party who will suffer from the revocation, unlike the cancellation of the ordinary beneficial administrative act.