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 May 25, 2016, the Defendant issued the instant disposition to revoke the Plaintiff’s driver’s license as of June 20, 2016, on the ground that the Plaintiff driven B vehicles while under the influence of alcohol of 0.109% ( blood collection 0.149%) on the roads in the Northwest-dong, Sinsi-si, Seoul, on April 30, 2016.
B. The Plaintiff filed an administrative appeal against the instant disposition, but the Central Administrative Appeals Commission rendered a decision to dismiss the said claim on August 23, 2016.
【Unfounded facts, entry of evidence Nos. 1 and 7, and the purport of the whole pleadings】
2. Whether the instant disposition is lawful
A. In light of the fact that the driver’s license is essential for the delivery of the Plaintiff’s alleged goods, and that the revocation of the driver’s license becomes difficult to lead the workplace life, the instant disposition is illegal as it is an abuse of discretion.
B. (1) In full view of the following circumstances acknowledged by comprehensively taking into account the purport of the entire evidence presented in the judgment, the public interest is more likely to be achieved than the disadvantage suffered by the Plaintiff due to the instant disposition, even considering the degree of disadvantage suffered by the Plaintiff and other various circumstances asserted by the Plaintiff.
Article 91(1) [Attachment Table 28] of the Enforcement Rule of the Road Traffic Act
2. Individual criteria for revocation stipulate that driver's license shall be revoked when a person drives a vehicle in a drunken state (not less than 0.1 percent of alcohol level in blood). The instant disposition conforms to the above criteria.
Today, there is a growing need to strictly observe traffic regulations due to the rapid increase of motor vehicles, the large number of driver's licenses are issued, so traffic conditions are complicated, and in particular, traffic accidents due to drinking driving are frequently frequently and the results are harsh, so there is a great need for public interest to prevent traffic accidents due to drinking driving.
The plaintiff at the time of this case control.