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 February 11, 2020, at around 14:10, the Plaintiff driven a F K5 vehicle while under the influence of alcohol with approximately 2 km alcohol concentration of about 0.215% from the front of the C cafeteria located in Mapo-si B to the front of the E Mapo-si located in Mapo-si D.
B. On February 21, 2020, the Defendant issued a disposition revoking the first-class ordinary driver’s license against the Plaintiff on the ground that the Plaintiff was under the influence of alcohol with a blood alcohol level of at least 0.08%, which is the base value for revocation of the license (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 May 12, 2020.
[Ground of recognition] Facts without dispute, Gap evidence 1 to 6, Eul evidence 1 to 14, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The main point of the Plaintiff’s assertion is that human and material damage caused by the Plaintiff’s drunk driving does not occur, the driving distance is relatively short, the Plaintiff’s acquisition of the driver’s license has no traffic accidents or force of drinking, has used the ordinary driving, has actively cooperated in investigations and investigations, the Plaintiff’s active cooperation is going against the present and is going not to drive a drinking again, and the Plaintiff’s work (delivery service) needs to be revoked if the driver’s license is revoked, taking into account the following factors: (a) the instant disposition is deemed to be in violation of the law by excessively harshing the Plaintiff to the extent that the Plaintiff’s livelihood is difficult; and (b) the instant disposition is revoked.
B. Whether the relevant legal principle 1-related administrative disposition deviatess from or abused the scope of discretionary authority is objectively examined such as the content and degree of the violation, which is the reason for the disposition, the necessity of the public interest to be achieved by the disposition, the disadvantage suffered by the individual, and all relevant circumstances.