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 May 8, 2019, the Plaintiff was under the influence of alcohol at around 00:04, while driving a motor vehicle with a blood alcohol level of 0.073%, and was under the influence of alcohol, and was given 100 points of penalty points.
B. After that, the Plaintiff, as of November 29, 2019, was on the 122th Don-dong Residents' Center, operated a BNS car on the front of the 122th Don-dong Residents' Center, and was under control as a violation of traffic classification (central line), and was given 30 points with the given points.
C. On January 2, 2020, the Defendant issued a disposition to revoke the Class II ordinary driver's license to the Plaintiff (hereinafter "the instant disposition") on the ground that the Plaintiff received the above given points as above and the total (130 points) point became above 121 points per year, which is the criteria for revocation of driver's license.
The Plaintiff appealed against the instant disposition and filed an administrative appeal, but the Central Administrative Appeals Commission dismissed the Plaintiff’s request for administrative appeal on March 3, 2020.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3, Eul evidence 1 to 11, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The summary of the Plaintiff’s assertion did not cause any personal or material injury due to the Plaintiff’s drunk driving, and the Plaintiff is operating a company that mainly engages in the product development services and trade business. In light of the fact that the Plaintiff’s driver’s license is impossible to perform his/her duties when the driver’s license is revoked, it is in a position to discontinue his/her work because it is impossible to perform his/her duties, and that the Plaintiff must support his/her mother and two children who are not good health, and refund his/her personal rehabilitation payment, the instant disposition should be revoked because it is excessively harsh to the Plaintiff and constitutes an abuse of discretionary authority.
B. The issue of whether a punitive administrative disposition exceeds or abused the scope of discretion by social norms is relevant to the act of disposal as the grounds for the disposition.