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. At around 23:00 on May 14, 2017, the Plaintiff was driving under the blood alcohol concentration of 0.094% and was under the control of the police.
B. On June 1, 2017, the Defendant issued a disposition to revoke the Plaintiff’s driver’s license stated in the purport of the claim (hereinafter “instant disposition”) on the ground that “the Plaintiff was subject to the imposition of 30 points for the violation of the traffic of bus buses on the expressway, which was on May 12, 2017, and was given 10 points after driving the instant drinking, and became 130 points after being given 100 points for a year, which is the 121 point that is the criteria for revocation.”
C. The Plaintiff dissatisfied with the instant disposition and filed an administrative appeal with the Central Administrative Appeals Commission on June 21, 2017, but was dismissed on August 8, 2017.
[Reasons for Recognition] Facts without dispute, entry Eul's evidence Nos. 1 through 13, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion that the Plaintiff was a proxy driver but did not become a ship, and thus, the driving distance was limited to two kilometers, and the Plaintiff’s occupation is limited to two kilometers, and when the Plaintiff’s driver’s license is revoked as an artist’s manager, and his family’s livelihood is difficult, the instant disposition is excessively harsh and unlawful.
(b) as shown in the attached Form of the relevant statutes.
C. Whether a punitive administrative disposition deviates from or abused the scope of discretionary power under the social norms shall be determined by comparing and balancing the degree of infringement of public interest and the disadvantages suffered by an individual due to the disposition, by objectively examining the content of the act of violation as the grounds for the disposition, the public interest to be achieved by the act of disposition, and all the relevant circumstances. In this case, even if the criteria for the punitive administrative disposition are prescribed in the form of Ordinance, it is nothing more than that prescribed in the internal business rules of the administrative agency, and it