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 March 31, 2020, at around 01:21, the Plaintiff driven B rocketing car under the influence of alcohol by 0.116%, and 200 meters from the front of the “E Burial” road in the front of the Osan City.
B. On April 18, 2020, the Defendant issued a disposition revoking the first-class 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 June 2, 2020.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3, Eul evidence 1 to 12, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. In light of the following: (a) the purport of the Plaintiff’s assertion did not cause any personal or material damage due to the Plaintiff’s drunk driving; (b) the Plaintiff is against the Plaintiff and would not drive under the influence of alcohol again; (c) the Plaintiff is working with the U.S. military unit across the country as a company member without the weekend; and (d) when the driver’s license is revoked due to the same-sex relationship necessary for the same-sex relationship, it would be impossible to perform its duties; (d) the Plaintiff’s spouse and children should be supported; and (e) the Plaintiff must periodically move to the hospital by using the vehicle that needs to be corrected; and (e) the instant disposition should be revoked because it is excessively harsh to the Plaintiff, thereby abusing the discretion.
B. Determination 1 whether a punitive administrative disposition deviatess from or abused the scope of discretion by social norms or not is based on the degree of infringement of public interest and its disposition by objectively examining the content of the violation as the grounds for the disposition, the public interest to be achieved by the relevant disposition, and all other relevant circumstances.