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 July 14, 2019, at around 00:31, the Plaintiff driven a D-Wn-to-pubed car under the influence of alcohol concentration of 0.163% at the front of Pyeongtaek-si B “C”.
B. On July 25, 2019, the Defendant issued a disposition to revoke the driver’s license (Class I ordinary) pursuant to Article 93(1)1 of the Road Traffic Act (hereinafter “instant disposition”) on the ground that the Plaintiff was driven under the influence of alcohol 0.163% in blood alcohol level.
C. The Plaintiff dissatisfied with the instant disposition and filed an administrative appeal with the Central Administrative Appeals Commission on August 13, 2019, but the Central Administrative Appeals Commission dismissed the Plaintiff’s request for administrative appeal on October 1, 2019.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, Eul evidence Nos. 1, 2, 11, 12, 13, and 14 (including provisional evidence number; hereinafter the same shall apply) and the purport of the whole pleadings
2. Determination on the legitimacy of the instant disposition
A. The Plaintiff’s assertion that ① the Plaintiff’s running distance remaining 100 meters, which is relatively short, did not cause human and material damage, such as a traffic accident, due to the Plaintiff’s drinking driving; ② the Plaintiff did not have any history of causing a traffic accident or driving under the influence of alcohol before regulating the instant case after acquiring the Plaintiff’s driver’s license; ③ the Plaintiff actively cooperated in the investigation by reflecting the fact of driving under the influence of alcohol; ④ the Plaintiff’s driver’s license is necessarily required in the occupation; and the Plaintiff’s living is difficult if the driver’s license is revoked, the instant disposition is unlawful by abusing and abusing discretionary power.
(b) Entry in the attached Form of relevant Acts and subordinate statutes;
C. Whether the lawfulness of the instant disposition has exceeded or abused the scope of discretionary authority by social norms, the determination of whether the instant disposition was lawful shall objectively review the content of the offense, which is the grounds for the disposition, the public interest to be achieved by the relevant disposition, and all other relevant circumstances.