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 February 14, 2020, at around 23:35, the Plaintiff driven Crocketing car with a 50-meter alcohol level of 0.15% under the influence of alcohol level on the roads near Gangnam-gu Seoul, Seoul.
B. On March 10, 2020, the Defendant issued a disposition revoking the Class II ordinary driver’s license against the Plaintiff on the ground that the Plaintiff was under the influence of alcohol with a blood alcohol level of at least 0.08%, which is the base value for revocation of the license (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 May 19, 2020.
[Ground of recognition] Facts without dispute, Gap evidence 1 to 6, Eul evidence 1 to 12, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The main point of the Plaintiff’s assertion is that human and material damage caused by the Plaintiff’s drunk driving does not occur, the driving distance is relatively short, and the Plaintiff has no accident-related force, such as traffic accidents or drunk driving since the Plaintiff acquired the Plaintiff’s driver’s license, has used the ordinary driving, has actively cooperated in the investigation and investigation, and if the Plaintiff’s driver’s license is revoked due to the nature of the Plaintiff’s duties, it is difficult for the Plaintiff’s home to live. In light of the above, the instant disposition should be revoked because it is too harsh to the Plaintiff, and thus, it should be revoked.
B. Determination 1 of the relevant legal doctrine ought to be determined by comparing and comparing the degree of infringement on public interest and the disadvantage suffered by an individual due to the degree of infringement on public interest by objectively examining the content and degree of violation, which is the reason for the disposition, the degree of violation, the necessity of public interest to be achieved by the disposition, the disadvantage to be borne by the individual, and all relevant circumstances.
The criteria for such restrictive administrative dispositions are referred to in this Ordinance.