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. Around 11:00 on October 5, 2016, the Plaintiff driven C SP car while under the influence of alcohol leveling 0.132% at the front of Seoyang-gu, Seoyang-gu, Seoyang-gu. B.
(hereinafter referred to as “drinking driving of this case”). (b)
On October 26, 2016, the Defendant issued a disposition to revoke the Plaintiff’s driver’s license (class 1, class 2, class 2, and class 2 motorcycles) on the ground of the instant drunk driving (hereinafter “instant disposition”).
C. The Plaintiff dissatisfied with the instant disposition and filed an administrative appeal on November 14, 2016, but the said claim was dismissed on December 23, 2016.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 3 and 5, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. In light of the following: (a) the Plaintiff’s alleged vehicle use is essential due to the nature of the Plaintiff’s work; (b) the Plaintiff is responsible for the livelihood of both children and his/her mother; (c) when the driver’s license is revoked, it is difficult to lead to his/her livelihood; and (d) the Plaintiff has done exemplary driving except for drinking driving after obtaining the driver’s license. The instant disposition is unlawful by abusing and abusing discretion.
B. Whether a punitive administrative disposition deviates from or abused the scope of discretion under the social norms shall be determined by comparing and balancing the degree of infringement of public interest and the disadvantages suffered by an individual due to the relevant disposition, by objectively examining the content of the violation as the grounds for the disposition, the public interest to be achieved by the relevant disposition, and all the relevant circumstances. In this case, even if the criteria for the punitive administrative disposition are prescribed in the form of Ordinance of the Ministry, it is nothing more than that prescribed in the internal administrative affairs rules of the administrative agency, and it is not effective externally to the public or the court. The legality of the relevant disposition is in accordance with the relevant