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 August 29, 2014, the Plaintiff drank the degree of 1 disease of the Plaintiff while holding a meeting with its members from the time to 01:30 at a restaurant with mutual incompetence in Busan-gu B.
B. The Plaintiff: (a) sent a substitute driver to a parking lot with his own vehicle parking for returning home at least seven times; (b) however, the Plaintiff was exposed to a police officer who was driving a vehicle while driving the vehicle to return home to a substitute driver who had a lot of proxy driving engineer near the parking lot and had a lot of driver around the parking lot.
C. The Plaintiff measured the blood alcohol level at 0.136% as a result of the Plaintiff’s breath measurement at the place of control, and the Defendant rendered a decision to revoke the Plaintiff’s driver’s license as of October 10, 2014 (hereinafter “instant disposition”) on the ground that the Plaintiff driven a vehicle under the influence of alcohol against the Plaintiff on September 11, 2014.
[Reasons for Recognition] Facts without dispute, Gap evidence 1-23, Eul evidence 1-1-2, Eul evidence 2-2, Eul evidence 2-3, Eul evidence 4-1, 2-2, Eul evidence 4-1, 5, and the purport of the whole pleadings
2. Determination on the legitimacy of the instant disposition
A. The plaintiff alleged that the plaintiff's assertion was made by proxy driving engineer after drinking but did not call, and therefore, it was controlled as a drinking driver while driving about about 1 to 2 meters in order to drive. The plaintiff's drinking operation did not cause any harm to human life, and the plaintiff's business cannot be continued when the driver's license is revoked. In light of the above, the defendant's disposition of this case is unlawful as it is against the law since the disadvantage suffered by the plaintiff is excessively high compared to the needs of the public interest, and it is unlawful as it deviates from and abused discretion.
B. Today, car cars are rapidly increasing and car driving licenses are issued in large quantities.