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 April 17, 2020, at around 23:30, the Plaintiff was under the influence of alcohol level of 0.123% on the front side of Jongno-gu Seoul, Jongno-gu, Seoul, and was driving a vehicle of 0.123% of blood alcohol level, and the part behind the damaged vehicle was shocked with the front part of the Plaintiff driver’s vehicle, thereby causing injury to the victim, such as light salt, tension, etc. for about two weeks of medical treatment.
B. On May 28, 2020, the Defendant issued a disposition revoking Class I ordinary driver’s license against the Plaintiff (hereinafter “instant disposition”) on the ground that the Plaintiff caused a traffic accident while under the influence of alcohol above 0.08%, which is the base value for revocation of license, on the grounds that the Plaintiff had caused the traffic accident and injured people (hereinafter “instant disposition”).
C. The Plaintiff filed an administrative appeal against the instant disposition, but the Central Administrative Appeals Commission dismissed the Plaintiff’s request for administrative appeal on August 11, 2020.
[Ground of recognition] Facts without dispute, Gap evidence 1 to 6, Eul evidence 1 to 15, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The gist of the Plaintiff’s assertion is that the Plaintiff has no traffic accident or the influence of drinking alcohol since the Plaintiff acquired the driver’s license, has used the ordinary driving, has actively cooperated in the investigation and investigation, is currently contrary to the Plaintiff’s work (construction site position) and is expected not to drive under the influence of alcohol, and if the driver’s license is revoked when the Plaintiff’s license is revoked due to the characteristics of the Plaintiff’s work (construction site position), it is difficult for the Plaintiff’s home to maintain the livelihood. Therefore, the instant disposition should be revoked because it is too harsh to the Plaintiff, and there is an error of law that deviates from or abused
B. Whether the relevant legal principle 1-related administrative disposition deviatess from or abused the scope of discretion, or is objectively determined the content and degree of the violation, which is the reason for the disposition, the public interest needs to be achieved by the disposition, the disadvantage suffered by the individual, and all other relevant circumstances.