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 14, 2016, at around 22:51, the Plaintiff driven a B-to-pur vehicle with a blood alcohol content of 0.115% under the influence of alcohol.
B. On November 8, 2016, the Defendant rendered a disposition to revoke the Plaintiff’s driver’s license (Class I ordinary) on the ground of the instant drunk driving (hereinafter “instant disposition”).
C. The Plaintiff filed an administrative appeal against the instant disposition, but the said claim was dismissed on December 23, 2016.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. On August 6, 199, the Plaintiff asserted that the Plaintiff had no history of traffic accident or drunk driving after obtaining a Class 1 driver’s license on August 6, 199, and had no intention of driving intentionally, and had not been driven for the purpose of returning home. The instant drinking driving is merely a simple drinking driving without an accident, and the distance of driving is merely a basis for the distance of driving, due to the characteristics of the Plaintiff’s duties, and the Plaintiff’s income is essential and maintaining his family’s livelihood. In full view of all the circumstances, the instant disposition is unlawful by abusing or abusing discretion by excessively harshing against
B. Even if the revocation of the driver's license on the ground of drinking driving is an administrative agency's discretionary action, in light of today's mass means of transportation and the situation where the driver's license is issued in large quantities, the increase of traffic accidents caused by drinking driving, and the suspicion of its result, etc., the need for public interest should be emphasized to prevent traffic accidents caused by drinking driving, and when the driver's license is revoked on the ground of drinking driving on the ground of the revocation of the driver's license on the ground of drinking driving on the ground of the revocation of the ordinary beneficial administrative action, the general preventive aspect should be emphasized more than the disadvantage of the party
Supreme Court on May 24, 2012