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 2, 2017, at around 01:50, the Plaintiff driven C driver’s vehicle fluora under the influence of alcohol level of 0.19% on the roads near Gangseo-gu Seoul Metropolitan Government B (hereinafter “instant drunk driving”).
B. On August 16, 2017, the Defendant rendered a disposition to revoke the Plaintiff’s driver’s license (Class I ordinary) on the ground of the instant drunk driving (hereinafter “instant disposition”).
C. The Plaintiff dissatisfied with the instant disposition and filed an administrative appeal with the Central Administrative Appeals Commission on September 7, 2017, but was dismissed on October 24, 2017, and the written ruling was served on the Plaintiff on November 3, 2017.
【Ground of recognition】 The fact that there has been no dispute, Gap Nos. 1, 16, Eul No. 1, 5, 10, and 10, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. In light of the fact that the Plaintiff asserted that he had been driving for 11 years without traffic accidents or alcohol driving skills, and that the Plaintiff’s operation of a vehicle on duty is essential and economic difficulties, the instant disposition was abused by exceeding the scope of discretion or abuse of discretion.
B. Determination 1 as to whether an administrative disposition exceeds the scope of discretion under the social norms or abused discretionary power ought to be determined by comparing and balancing the degree of infringement on public interest and the disadvantages suffered by an individual due to the relevant administrative disposition by objectively examining the content of the offense committed as the ground for disposition, the public interest to be achieved by the relevant administrative act, and all relevant circumstances.
In this case, even if the criteria for punitive administrative disposition are prescribed in the form of Ordinance, it is nothing more than that prescribed in the administrative affairs rules inside the administrative agency, and it is not effective externally to guarantee citizens or courts. Whether such disposition is legitimate or not is in accordance with the contents and purport of the relevant Acts and subordinate statutes, not only the above criteria