자동차운전면허취소처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of disposition;
A. On December 24, 2016, the Plaintiff, holding Class 1 large and ordinary drivers’ licenses, driven a road of about 2 km up to a 153 km road in front of Gwangju Seo-gu, Seo-gu, Gwangju, Seo-gu, Gwangju, about a 153 km road, under the influence of alcohol level 0.109%.
B. On January 20, 2017, the Defendant issued a disposition revoking the Plaintiff’s Class I large and ordinary driver’s license on the ground of the foregoing drunk driving (hereinafter “instant disposition”).
C. The Plaintiff filed an administrative appeal against the instant disposition, but the claim was dismissed on March 14, 2017.
[Ground of recognition] The fact that there is no dispute, Gap 21, 22, Eul 1 through 4 (including paper numbers), the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. Comprehensively taking account of the following: (a) the Plaintiff who was engaged in driving service claiming the Plaintiff’s driver’s license needs to obtain a driver’s license; and (b) the license is revoked for a long time; (c) the family’s livelihood is seriously impeded; (d) blood alcohol level is not high; (e) the blood alcohol level is not high; and (e) there is no power to drive and drive an accident; and (e) the Plaintiff is obliged to drive an accident for the purpose of the outpatient treatment of the baby with dementia symptoms; and (e) the instant disposition is more unfavorable than that of the public interest to be gained by the instant disposition.
(b) as shown in the attached Form of the relevant statutes;
C. 1) Determination of whether a punitive administrative disposition deviatess from or abused the scope of discretion under the social norms should be made by comparing and balancing the degree of infringement of public interest and the disadvantages suffered by an individual’s disposition by objectively examining the content of the act of violation, which is the reason for the disposition, the public interest to be achieved by the relevant act of disposal, and the relevant circumstances (see, e.g., Supreme Court Decision 98Du11779, Apr. 7, 2000).