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 August 4, 2018, the Plaintiff is driving CEX car while under the influence of alcohol of 0.074% of the blood concentration of 0.074% on the roads near Seocho-gu Seoul Metropolitan Government.
The central line was invaded by traffic police officers.
B. On August 20, 2018, the Defendant issued a notice of revocation of the first class driver’s license to the Plaintiff on August 20, 2018 on the ground that the Plaintiff’s first class driver’s license was at least 121 points per year based on the Plaintiff’s total points of 145 points (i.e., 100 points and 30 points) added the first class driver’s license to the violation of the prohibition of driving under the influence of alcohol, which constitutes the ground for suspension of license, and the second class driver’s license was at least 15 points to the Plaintiff on December 11, 2017 (hereinafter “instant disposition”).
C. The Plaintiff filed an administrative appeal against the instant disposition, but the Central Administrative Appeals Commission dismissed the Plaintiff’s request for administrative appeal on October 17, 2018.
【Ground of recognition】 The fact that there has been no dispute, Gap evidence 17, Eul evidence 4 through 8, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion is unlawful in light of the Plaintiff’s circumstances and various circumstances, such as that the Plaintiff’s work as a delivery engineer at a liquor distribution company is essential to drive a motor vehicle. Considering the Plaintiff’s circumstances and circumstances that make it difficult to maintain his/her livelihood due to the instant disposition, the instant disposition is excessively harsh and is abused
(b) Attached Form of relevant statutes;
C. Determination 1 as to whether a punitive administrative disposition exceeds the scope of discretion under the social norms or abused discretionary power 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 grounds for the disposition, the public interest to be achieved by the relevant disposition, and all relevant circumstances.
In such cases, the criteria for the punitive administrative disposition shall be determined by Ordinance.