자동차운전면허취소처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. On February 24, 2016, the Plaintiff driven a motorcycle (BCA 110E) at a section of about 100 meters from the front of the packing end in the Dongdaemun-gu Station to the front road of about 28 minutes during the same session, while under the influence of alcohol of 0.159% of blood alcohol level around 17:50.
On March 17, 2016, the Defendant issued a disposition to revoke the Plaintiff’s driver’s license (class I large, class I ordinary, class II ordinary, class II small, class II small, and class II motorcycles) on the ground of the driving under influence of alcohol.
(hereinafter “Disposition in this case”). [Ground for recognition] The fact that there is no dispute, Eul evidence No. 1-8, and the purport of the whole pleadings
2. Whether the disposition is lawful;
A. While drinking together with the Plaintiff’s workplace compensation and meals, the body’s body was spawn at a sofa and two children, so that it is deemed that there is no hindrance to driving under the influence of alcohol, there is no damage caused by drinking driving, for 28 years, there is no power to drive under the influence of alcohol, and when the driver’s license is revoked, it causes enormous hindrance to the maintenance of the livelihood of the Plaintiff and his family and makes it impossible to perform social service activities that have been unconstitutionally and clearly, and in principle, the Defendant’s license is revoked en bloc, and the instant disposition is a heavy disposition contrary to the principle of equity, and thus, is an illegal disposition that violates the principle of prohibition of unfair decision-making and deviates from discretionary power.
B. Sanction against a violation of the administrative law is a sanction against the objective fact that is a violation of the administrative law in order to achieve the administrative purpose. Thus, unless there is any justifiable reason not to mislead the violator of the duty, such as the circumstance that the violator does not have knowledge of the duty, or the circumstance that the party cannot expect the fulfillment of the duty, etc., that makes it impossible for the violator to do so, the intention or negligence shall be borne by the violator.