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 24, 2019, at around 06:04, the Plaintiff driven a B-hand car while under the influence of alcohol of 0.081%, and 8 km from the nearby road of Songpa-gu Seoul, Seoul, to the front road of Guri-si.
B. On February 5, 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 March 17, 2020.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, Eul evidence Nos. 1 to 12, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The gist of the plaintiff's assertion was the plaintiff's minor accident while driving under the influence of alcohol, but it was prompt to enter into a civil criminal agreement with the victim, most of the plaintiff had been driving under the influence of alcohol for a period of time, the plaintiff was currently going against and would not drive under the influence of alcohol again, and the plaintiff is in the business marketing position, and the plaintiff is going through a business trip across the country once every two to three days due to the business characteristics, and the same mobility is essential, and the distance from the place of residence to the place of work is about 50 km, and the driver's license is revoked because it is impossible to perform his duties if the driver's license is revoked because it is difficult to use public transportation due to the reason that it is outside of the workplace, and it is necessary to support his spouse and child, and to pay his liability to several million won, the disposition of this case should be revoked because it is too harsh to the plaintiff and it is a violation of law of abuse of discretion.
B. The issue of whether a punitive administrative disposition deviatess from or abused the scope of discretion by social norms is the ground for the disposition.