자동차운전면허취소처분취소
The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
1. Details of the disposition;
A. On March 18, 2020, at around 01:55, the Plaintiff driven a D-hand motor vehicle under the influence of alcohol level of 0.117% in front of the C-cafeteria located in Daegu Seo-gu, Daegu-gu (hereinafter “instant drinking”).
B. On April 13, 2020, the Defendant rendered a decision to revoke the Plaintiff’s driver’s license (class 1 common) as of May 2, 2020 pursuant to Articles 93(1)1 and 44(1) of the Road Traffic Act against the Plaintiff on the ground of the instant drunk driving.
(hereinafter “instant disposition”). C.
The Plaintiff appealed against the instant disposition and filed an administrative appeal, but the Central Administrative Appeals Commission rendered a ruling dismissing the Plaintiff’s claim on June 23, 2020.
[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2, 3, Eul evidence 1 to 7 (including provisional number), the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. In light of the circumstances such as the Plaintiff’s assertion that the Plaintiff was driving at a short distance only, the Plaintiff did not drive a drinking alcohol once prior to the instant disposition, and that the Plaintiff actively cooperates in the investigation of drinking driving, that the Plaintiff is a university student, and that the Plaintiff is in need of a driver’s license for school attendance in an area where the traffic is extremely difficult, and that the Plaintiff’s father and grandparent have to drive a motor vehicle due to the inconvenience of driving, etc., the disadvantage suffered from the Plaintiff’s infringement compared to the public interest protected by the instant disposition is significantly excessive, and thus, the instant disposition is unlawful by abusing and abusing discretionary authority.
B. The revocation of a driver's license when a person who has obtained one driver's license is driving under the influence of alcohol is the discretionary act of an administrative agency. However, in light of the increase of traffic accidents caused by driving under the influence of alcohol, the necessity of public interest to prevent traffic accidents caused by driving under the influence of alcohol should be more serious. The revocation of the driver's license differs from the revocation of the general beneficial administrative act.