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 September 5, 2017, at around 23:11, the Plaintiff driven BM5 vehicle under the influence of alcohol level of 0.133% at the 237 forwardway of Gangseo-gu Seoul Metropolitan Government External Winterdong (hereinafter “instant drinking”).
B. On October 12, 2017, the Defendant rendered a disposition to revoke the Plaintiff’s driver’s license (class 1 common and class 2 common) on the ground of the instant drunk driving (hereinafter “instant disposition”).
C. The Plaintiff dissatisfied with the instant disposition and filed an administrative appeal with the Central Administrative Appeals Commission on October 18, 2017, but was dismissed on November 29, 2017.
【Ground of recognition】 The fact that there has been no dispute, Gap evidence 2, Eul evidence 5 through 8, the purport of the whole pleadings and arguments
2. Whether the instant disposition is lawful
A. Considering that the Plaintiff’s alleged business trip (bench industry) is essential to operate the vehicle and is experiencing economic difficulties, the instant disposition is beyond the scope of discretion or abuse of discretion.
B. Determination 1 as to whether an administrative disposition exceeds the scope of discretion under the social norms or abused discretion ought to be determined by comparing and balancing the degree of infringement on public interest and the disadvantages suffered by an individual due to such disposition by objectively examining the content of the offense committed as the ground for disposition, the public interest to be achieved by the relevant disposition, and all relevant circumstances.
In this case, even if the criteria for disciplinary administrative disposition are prescribed in the form of Ordinance, it is nothing more than that prescribed in the administrative affairs rules inside the administrative agency, and thus, it is not effective externally to guarantee citizens or courts. Whether such disposition is legitimate or not shall be determined in accordance with the contents and purport of the relevant Acts and subordinate statutes, not only the above disposition criteria, but also
The disposition can not be regarded as legitimate immediately.