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 September 22, 2019, at around 06:38, the Plaintiff driven a 10km section in the vicinity of the rest area of a plaza in the middle-west Highway 117-1 in the middle-west city in the middle-west city in the middle-west city in the middle-west city in the middle-west city in Seoul, while under the influence of alcohol 0.145%.
B. On November 22, 2019, the Defendant issued a disposition revoking the first-class 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. On December 20, 2019, the Plaintiff filed an administrative appeal against the instant disposition. However, the Central Administrative Appeals Commission dismissed the Plaintiff’s request for administrative appeal on February 18, 2020.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 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 argument does not cause any personal or material damage due to the plaintiff's drinking driving, approximately 11 years of accidentless driving experience, the use of ordinary driving, the discovery of the detection, the infringement of private interests caused by the revocation of the driver's license is excessive, and the subsequent conference and reflect are made. The plaintiff is in need of mobility due to the characteristics of the business trip by the company's technical and business agent. If the license is revoked, it is necessary to terminate the business because it is impossible to perform the main business, and the plaintiff must repay the bond obligations provided by the loan, and pay for the bond obligations provided by the loan and raise the family support and living expenses. In light of the above, the disposition of this case is revoked because it is an abuse of discretionary power by excessively harsh to the plaintiff.
B. The issue of whether a punitive administrative disposition deviatess from or abused the scope of discretion by social norms is determined by the content of the offense as the grounds for the disposition and the relevant disposition.