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 10, 2016, the Defendant rendered the instant disposition revoking the Plaintiff’s driver’s license as of June 4, 2016, on the ground that the Plaintiff driven B vehicles under the influence of alcohol at the level of 0.11% in blood alcohol concentration on the roads near the 210th Seo-gu Month as of April 21, 2016.
B. The Plaintiff dissatisfied with the instant disposition and filed an administrative appeal on June 23, 2016.
【Fact-finding without dispute over the ground for recognition, entry of evidence No. 1, and purport of the whole pleadings
2. Whether the instant disposition is lawful
A. In light of the fact that the Plaintiff’s assertion is engaged in the Plaintiff’s private facility business and the revocation of the driver’s license is difficult to maintain livelihood, the instant disposition is unlawful as it deviates from and abused discretion.
B. (1) In full view of the following circumstances acknowledged by comprehensively taking into account the aforementioned evidence and the statement in the evidence No. 4 and the purport of the entire pleadings, even considering the degree of disadvantage suffered by the Plaintiff in the instant disposition and other various circumstances asserted by the Plaintiff, the public interest is more likely to be achieved than the disadvantage suffered by the Plaintiff in the instant disposition.
(1) Article 91 (1) [Attachment Table 28] of the Enforcement Rules of the Road Traffic Act
2. Individual criteria for revocation stipulate that driver's license shall be revoked when a person drives a vehicle in a drunken state (not less than 0.1 percent of alcohol level in blood). The instant disposition conforms to the above criteria.
② The need to strictly observe traffic regulations is growing due to the rapid increase of automobiles, the large number of driver’s licenses is issued, and traffic conditions are complicated. In particular, the need for public interest to prevent traffic accidents caused by drunk driving is very large because traffic accidents frequently occur and the results of the frequent traffic accidents are harsh.
③ At the time of regulating this case, the Plaintiff’s taking-out disposition is revoked of driver’s license.