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 August 28, 2019, the Defendant issued a revocation disposition for a driver’s license (hereinafter “instant disposition”) to the Plaintiff on the ground that “the Plaintiff driven a car under the influence of alcohol level of 0.179% on the front side of the building Kimhae-si, at around 03:20, August 6, 2019.”
B. The Plaintiff appealed and filed an administrative appeal with the Central Administrative Appeals Commission on September 9, 2019, but the judgment dismissing the Plaintiff’s claim was rendered on October 29, 2019.
[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2, 3, Eul evidence 1 to 7 (including provisional number), the purport of the whole pleadings
2. Whether the disposition is lawful;
A. The instant disposition constitutes abuse of discretion when considering the Plaintiff’s vehicle distance is relatively short of 200 meters, the occupation’s driver’s license is essential, the commuting is essential, the family’s livelihood, etc.
B. (1) Determination is highly necessary for the public interest to prevent traffic accidents caused by drinking driving, because of the frequent traffic accidents caused by drinking driving today, and the results thereof are harsh, and when the driver's license is revoked on the ground of drinking driving, unlike the cancellation of the general beneficial administrative act, the general preventive aspect that should prevent drinking driving rather than the disadvantage of the party due to the cancellation should be more emphasized.
(2) In the instant case, the Plaintiff’s drinking level is 0.179% of blood alcohol level, and the criteria for revocation of driver’s license under Article 91(1) [Attachment Table 28] of the Enforcement Rule of the Road Traffic Act (the blood alcohol level is 0.08% or more), the inevitable circumstances in which the Plaintiff had no choice but to drive under the influence of alcohol do not peep, and the revocation of driver’s license is able to obtain a license again after the lapse of a certain period, and thus, the effect of sanctions is limited, considering the circumstances asserted by the Plaintiff.