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 26, 2017, around 01:25, the Plaintiff driven C’s dypsan C’s vehicle under the influence of alcohol concentration of 0.113% on the front of Yansan-gu, Jeonju-si.
B. On July 17, 2017, the Defendant issued a disposition to revoke the driver’s license (Class 1 large and Class 1 ordinary) pursuant to Article 93(1)1 of the Road Traffic Act against the Plaintiff (hereinafter “instant disposition”).
C. The Plaintiff dissatisfied with the instant disposition and filed an administrative appeal with the Central Administrative Appeals Commission, but was dismissed on October 11, 2017.
[Reasons for Recognition] Facts without dispute, Gap 1, 2, 4, 5, 16, 17 evidence, Eul 1 to 13, the purport of the whole pleadings
2. Whether the disposition is lawful;
A. In light of all the circumstances, the Plaintiff’s assertion is against the principle of profit bridge by purchasing cargo at the present vehicle and operating a tent leasing business, and repayment of 100 million won. When the driver’s license is revoked, it is impossible to perform its duties, making debt redemption, maintaining livelihood, and supporting family members difficult, and the Plaintiff did not cause traffic accidents, and actively cooperate in the investigation. In addition, the instant disposition is against the law that deviates from and abused discretion by violating the principle of profit bridge rather than the realization of the public interest to be achieved.
B. Determination 1 whether a punitive administrative disposition deviates from or abused the scope of discretion by social norms ought to be determined by comparing and balancing the degree of infringement on public interest and the disadvantages suffered by an individual due to the disposition, 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.
In such cases, even if the criteria for punitive administrative disposition are prescribed in the form of Ordinance, it is nothing more than that prescribed in the administrative agency's internal administrative rules.