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 November 16, 2018, around 00:15, the Plaintiff was under the influence of alcohol level 0.077% on the front side of the south-gu, Nam-gu, Chungcheongnam-gu. B, and was under the influence of alcohol level 0.07%, and was under the control of police officers.
B. On July 16, 2018, the Defendant imposed 100 points to the Plaintiff on the ground that the Plaintiff violated the duty of prohibition of driving a motor vehicle on the ground that the Plaintiff violated the duty of prohibition of driving a motor vehicle on the ground of suspension of license, and added 30 points to the Plaintiff’s given points that the Plaintiff violated the duty of prohibition of driving a motor vehicle on the same ground of suspension of license (hereinafter “instant disposition”), the Defendant issued a disposition to revoke the Plaintiff’s driver’s license (class 2 common), pursuant to Article 93(2) of the Road Traffic Act, on December 26, 2018 (hereinafter “instant disposition”).
C. On January 15, 2019, the Plaintiff filed an administrative appeal against the instant disposition. However, the Central Administrative Appeals Commission dismissed the Plaintiff’s request for administrative appeal on February 22, 2019.
【Ground of recognition】 The fact that there has been no dispute, Gap 1, 2, Eul 4 through 8 (including Serial number), and the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. In light of all circumstances, the Plaintiff’s assertion is unlawful as exceeding the scope of discretion or abuse of discretionary power due to excessive suspicion, in light of the following: (a) the Plaintiff’s representative of the company conducting 3D printing research and development of metal is frequently going to a local business trip; (b) the driving of a vehicle is essential due to frequent local business trip; (c) there is a family member who received hospital treatment; and (d) there is a need to drive for the sake of internal revenues of his family members; and
B. Determination 1 as to whether a punitive administrative disposition exceeds the scope of discretion under the social norms or abused discretionary power, the content of the offense as the ground for the disposition, the public interest to be achieved by the pertinent disposition, and all the circumstances pertaining thereto.