자동차운전면허취소처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of disposition;
A. On February 19, 2016, the Plaintiff holding Class 1 and Class 1 ordinary car driver’s license (license number B) driven a C-car on the roads front of the Seoul Mine-gu Hadong Office, Gwangju, under the influence of alcohol level of 0.115% under the influence of alcohol level around 22:25 on February 19, 2016.
B. On March 22, 2016, the Defendant issued a disposition revoking the Plaintiff’s Class 1 large and Class 1 ordinary driving license (hereinafter “instant disposition”).
C. The Plaintiff filed an administrative appeal against the instant disposition, but the claim was dismissed on March 14, 2016.
【Ground of recognition】 The fact that there is no dispute, Gap’s evidence 1, Gap’s evidence 9, Eul’s evidence 1 through 5(including additional number), the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. Comprehensively taking account of the following: (a) the Plaintiff’s assertion was supported by three children after his wife died on July 27, 2015; and (b) the Plaintiff’s livelihood while driving a soft machine at the workplace while maintaining his livelihood and is in imminent circumstances to prevent the Plaintiff from engaging in driving service; and (c) the instant disposition is more unfavorable than the public interest to be gained due to the instant disposition; and (d) thus, the instant disposition is in violation of law that deviates from and abused the discretionary authority.
(b) as shown in the attached Form of the relevant statutes;
C. In today’s 1st century, car driving licenses are issued in large quantities, so the need to strictly observe traffic regulations is increasing, and in particular, traffic accidents caused by drunk driving are frequently frequent and the results are harsh, so it is very important for public interest to prevent traffic accidents caused by drunk driving. Therefore, the revocation of driver’s license on the ground of drunk driving is rather than the disadvantage of the party who will suffer from the revocation of the revocation, unlike the cancellation of the ordinary beneficial administrative act.