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 August 4, 2019, at around 11:30, the Plaintiff driven BMW 520d-car while under the influence of alcohol 0.158%, and 800 meters from the front of the D convenience point E in Seocho-gu Seoul Metropolitan Government, to the front of the same F intersection.
B. On September 18, 2019, the Defendant issued a disposition revoking the Class II 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 December 3, 2019.
[Ground of recognition] Facts without dispute, Gap evidence 1, 9, 10 evidence, Eul evidence 1 to 13, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The summary of the plaintiff's assertion did not cause any personal or material damage due to the plaintiff's drunk driving, and the distance of the drunk driving is relatively short of 600 to 700 meters, the plaintiff's acquisition of the driver's license that caused a traffic accident for about five years, there is no power to drive a drunk driving, and the plaintiff is expected not to drive a drunk driving again, it is against the present condition and not to do so again. When the driver's license is revoked due to the relationship that the plaintiff has been employed as a business employee for at least eight hours a day, it is difficult to perform his/her duties, and the parent's thickness should also be able to discontinue his/her duties. In light of the above, the disposition of this case is revoked because the plaintiff has an error of abusing discretion by excessively harshing the plaintiff and abusing his/her parent's thickness.
B. Whether a punitive administrative disposition deviates from or abused the scope of discretion by social norms, the substance of the offense as the ground for the disposition, the public interest to be achieved by the relevant disposition, and all the circumstances pertaining thereto.