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 2, 2019, the Plaintiff, at around 21:10, 2019, was under the influence of alcohol on police officials while driving Category C rocketing motor vehicle in front of the rear apartment of the Hong-gun Hong-gun, Chungcheongnam-gun, and was under the influence of police officials. The Plaintiff’s blood alcohol concentration was measured at 0.147% as a result of the respiratory measurement conducted around 21:32 on the same day.
B. On May 11, 2019, the Defendant issued a disposition to revoke the Plaintiff’s driver’s license (Class I ordinary) pursuant to Article 93(1)1 of the Road Traffic Act on the ground that the blood alcohol level was driven under the influence of 0.147%. (hereinafter “instant disposition”).
C. The Plaintiff dissatisfied with the instant disposition and filed an administrative appeal with the Central Administrative Appeals Commission on May 21, 2019, but the Central Administrative Appeals Commission dismissed the said appeal on July 9, 2019.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, 4, 22 (including each number; hereinafter the same shall apply), Eul evidence Nos. 1 and 2, and the purport of the whole pleadings
2. Determination on the legitimacy of the instant disposition
A. Considering that the Plaintiff’s assertion of the occupation requires the Plaintiff’s driver’s license, and if the driver’s license is revoked, the Plaintiff and his family’s livelihood is more difficult, and that the Plaintiff did not have any accumulated traffic accidents since the Plaintiff acquired the driver’s license in 2004 and faithfully drive without any accumulated penalty, the instant disposition is erroneous in the misapprehension of discretionary authority.
(b) as shown in the attached Form of the relevant statutes;
C. The legality of the instant disposition is determined by comparing and balancing the degree of infringement of public interest and the disadvantages suffered by an individual by objectively examining the content of the instant disposition, which is the grounds for the disposition, and the public interest to be achieved by the relevant disposition, and all the relevant circumstances, etc. (see, e.g., Supreme Court Decision 98Du11779, Apr. 7, 2000).