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 October 31, 2014, the Defendant rendered the instant disposition revoking the Plaintiff’s Class 1 ordinary driving license as of December 3, 2014 on the ground that the Plaintiff driven B vehicles under the influence of alcohol with a blood alcohol concentration of 0.108% on the road prior to the safe storage of Japan-dong, Busan-dong.
B. The Plaintiff dissatisfied with the instant disposition and filed an administrative appeal with the Central Administrative Appeals Commission, but was dismissed on February 24, 2015.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 to 4 (including paper numbers), the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The plaintiff's assertion maintains his livelihood with the removal of the article from the cargo vehicle or the personal cargo at the request of the Lee Ge-gorgum Center. When the disposition of this case is maintained, it does not cause any traffic accident which causes any human and material damage due to drinking driving of this case, the distance of the plaintiff's driving is about 1km, and the distance of the plaintiff's driving is against his depth, the disposition of this case is in violation of the law of abuse of discretionary power due to excessive suspicion to the plaintiff.
B. In light of the increasing number of automobiles today and the increasing number of driver's licenses are issued in large quantities, and the need to strictly observe traffic regulations due to the reduction of traffic conditions is growing, and the traffic accidents caused by the driving of a motor vehicle are frequently frequent and the results thereof are harsh, so it is necessary to strictly regulate the driving of a motor vehicle on the ground of the driving of a motor vehicle on the ground of the driver's license, unlike the cancellation of general beneficial administrative act, it is necessary to emphasize the general preventive aspect that should be prevented rather than the disadvantage of the party to whom the revocation would be suffered due to the cancellation.