자동차운전면허취소처분취소
The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
1. On December 7, 2018, the Plaintiff acquired a Class 1 ordinary driver’s license.
On April 14, 2019, at around 03:12, the Plaintiff driven a D cruise vehicle while under the influence of alcohol 0.164% in the middle distance of C Schools located in Seopopopo City B.
(2) On May 2, 2019, the Defendant rendered the instant disposition against the Plaintiff on the ground that the Plaintiff was a drunk driver.
The Plaintiff dissatisfied with the instant disposition and filed an administrative appeal with the Central Administrative Appeals Commission on June 28, 2019, but was dismissed on August 20, 2019.
[Ground of recognition] Facts without dispute, Gap evidence 1 to 5, Eul evidence 1 to 16, the purport of the whole pleadings
2. The purport of the Plaintiff’s assertion was to actively cooperate with the investigative agency’s investigation of the instant drinking driving, and there was no particular personal or material injury due to the instant drinking driving, and the Plaintiff as a company member, has a family member who is essential for the operation of a vehicle in the course of commuting to and from work, and has economic difficulties.
In light of the above overall circumstances, the instant disposition is erroneous in deviation from or abuse of discretion.
3. Attached statements to the relevant Acts and subordinate statutes;
4. Whether a punitive administrative disposition deviates from or abused the scope of discretion by social norms shall be determined by comparing and balancing the degree of infringement of public interest and the disadvantages suffered by an individual due to the disposition, by objectively examining the content of the act of violation as the ground for the disposition, the public interest achieved by the act of disposition, and all other relevant circumstances. If a disposition standard is prescribed by Presidential Decree or Ordinance of the Ministry, if such disposition standard itself does not conform with the Constitution or laws, or if a punitive administrative disposition based on the above disposition standard does not conform with the above disposition standard itself, and in light of the contents and purport