자동차운전면허취소처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The Plaintiff, while under the influence of alcohol around 23:30 on June 30, 2016, driven a D car from the front side of Yeongdeungpo-gu Seoul to the front side of the Seoul Yangcheon-gu Seoul Metropolitan Government C, with approximately 4km alcohol level of 0.166%.
(2) On July 19, 2016, the Defendant revoked the Plaintiff’s driver’s license (class 1 common and class 2 common) on July 27, 2016.
(hereinafter “Disposition in this case”). [Ground for recognition] The fact that there is no dispute, Eul evidence No. 1-8, and the purport of the whole pleadings
2. Whether the disposition is lawful;
A. The plaintiff asserted that he was a substitute driver on the phone that he caused a son's own creation, and that he was a substitute driver on the phone, but around 30 minutes passed, the parking lot manager did not arrive, and had a parking lot manager deducted the vehicle, so that he did not drive the vehicle, and did not cause a traffic accident due to the drinking driving of this case.
For 25 years after obtaining a driver's license, the Plaintiff was engaged in exemplary driving without any traffic accident or traffic offense.
The plaintiff is required to drive by engaging in restricted retail business, and when the driver's license is revoked, the five family members' livelihood will be prevented, and the plaintiff has yet to lose his/her will to live.
The plaintiff has been engaged in volunteer activities from the academic creative city.
Considering these circumstances, the instant disposition is an illegal disposition that deviatess from and abused discretion because it is too much unfavorable to the Plaintiff than the public interest to be achieved.
B. Sanction against breach of administrative laws and regulations is a sanction against the objective fact of violation of administrative laws and regulations in order to achieve administrative purposes. Thus, there is no justifiable ground for not being negligent in neglecting the duty, such as the circumstances where the violator did not know his/her duty, or the circumstances where the performance of his/her duty cannot be expected to be expected to be expected, etc.