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 October 12, 2016, the Defendant issued a disposition to revoke the Plaintiff’s first-class ordinary driving license as of November 5, 2016 (hereinafter “instant disposition”) pursuant to Article 93(1)1 of the Road Traffic Act, on the ground that the Plaintiff driven B vehicles while under the influence of alcohol at a level of 0.128% at the right edge of the third-class Do-dong, Busan Shipping Daegu, Busan, on August 24, 2016.
B. The Plaintiff dissatisfied with the instant disposition and filed an administrative appeal with the Central Administrative Appeals Commission, but received a dismissal ruling on November 25, 2016.
[Reasons for Recognition] Unsatisfy, entry of Eul's evidence 1 to 5 (including additional numbers), the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The plaintiff's assertion is that the plaintiff is a restaurant manager.
Considering various circumstances, including the fact that it is difficult to find a job without a driver's license and it is difficult to repay the Plaintiff's obligations arising from the Plaintiff's school loan, the fact that a substitute driver was absent at the time of the instant case, but he was making it difficult to wait for the father, and the fact that he is required to drive for the father who is in sick status, etc., the instant disposition constitutes a case where the Plaintiff is too harsh and thus constitutes a case where he deviates from or abused the discretion.
B. In light of the fact that even if the revocation of a driver's license on the ground of drinking alcohol is the discretionary act of an administrative agency, it is very important for public interest to prevent traffic accidents caused by drinking driving, in light of the situation where the driver's license is issued in large volume, the trend of the increase of traffic accidents caused by drinking driving, and the result thereof, even though the driver's license on the ground of drinking alcohol is a discretionary act of an administrative agency, and accordingly, the driver's license on the ground of drinking driving is frequently involved (see, e.g., Supreme Court Decision 97Nu13214, Nov. 14, 197)