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 1, 2017, the Plaintiff was given a 30-point penalty points as the median line, while driving B SP vehicle under the influence of alcohol up to 0.077% of blood alcohol level on May 20, 2017, around 09:51 on May 20, 2017.
B. On June 27, 2017, the Defendant issued the instant disposition to revoke the Plaintiff’s driver’s license (Class 1 large) on the ground that the Plaintiff’s license was revoked on June 27, 2017, on the ground that the Plaintiff’s 30 points of penalty points due to the median line and 100 points of penalty points due to drinking driving exceed the driver’s license revocation standard (121 points per year)
C. The Plaintiff filed an administrative appeal on July 18, 2017 regarding the instant disposition, but the said claim was dismissed on September 5, 2017.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 16, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. Considering the fact that the blood alcohol concentration at the time of the Plaintiff’s assertion on drinking alcohol control is relatively low, that there was no personal and material damage due to drinking driving, that the Plaintiff was making efforts to avoid drinking driving by using a usual driving, etc., and that the Plaintiff’s driver’s license is essential for job performance and maintenance of livelihood by engaging in the business, the instant disposition is unlawful as it is excessively harsh to the Plaintiff, thereby abusing its discretionary power.
B. In certain cases, even if the revocation of the driver's license for driving motor vehicles on the ground of exceeding the given penalty points is discretionary action by an administrative agency, in light of the fact that today's motor vehicles are the mass means of transportation, and traffic conditions are complicated as the driver's license is issued on the day, and the need to strictly observe traffic regulations is growing and in particular, traffic accidents caused by traffic offense are frequent and the result is harsh, it is caused by traffic offense.