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 June 30, 2018, around 01:35, the Plaintiff driven a fenz car in the state of alcohol from approximately 200 meters away from the front line of the Cju shop located in Thai City B to the front line of the Eju shop located in Thai City D in Thai City.
(hereinafter referred to as “drinking driving of this case”). (b)
At the time of the crackdown on drinking driving of this case, the Plaintiff’s blood alcohol concentration was measured at 0.157%.
C. On July 17, 2018, the Defendant revoked the Plaintiff’s driver’s license (class 2 common) pursuant to Article 93(1)1 of the Road Traffic Act on the ground that the Plaintiff was driving the instant drunk.
(hereinafter “instant disposition”) D.
On February 27, 2018, the Plaintiff filed an administrative appeal seeking revocation of the instant disposition, but the Central Administrative Appeals Commission rendered a ruling dismissing the Plaintiff’s claim on September 11, 2018.
【Uncontentious facts, Gap’s evidence 1, 2, Eul’s evidence 1 through 12 (including branch numbers for those with serial numbers), the purport of the whole pleadings
2. The Plaintiff’s assertion reflects the fact of driving under the influence of alcohol in depth, and led to the confession of the violation and actively cooperate in the investigation at the time of crackdown.
If the plaintiff is unable to drive because he/she has been in office as a service specialist 3, there is a big obstacle to the maintenance of his/her livelihood, and he/she must go to the parent and the knife in the Gangnam for each day, so it is necessary to operate the vehicle.
In light of such circumstances, the instant disposition is unlawful as it deviates from and abused discretionary power.
3. The indication of the relevant regulations shall be as shown in the attached Form;
4. Determination
A. Whether a punitive administrative disposition deviates from or abused the scope of discretion by social norms, or not shall be determined by an individual by objectively examining the content of the offense as the grounds for the disposition, the public interest to be achieved by the relevant disposition, and all relevant circumstances, etc., and thereby infringing public interest.