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 18, 1992, the Plaintiff acquired a Class 2 ordinary driver’s license.
B. On March 13, 2015, the Defendant issued a revocation disposition on the Plaintiff on March 13, 2015, on the ground that: (a) around 06:45, the Defendant driven a vehicle in Emec with a distance of 200 meters from D in Chuncheon-si C to the front of his/her solidarity at the Gangwon-si University (hereinafter “instant disposition”) under the influence of alcohol concentration of 0.172%.
C. Accordingly, the Plaintiff filed an administrative appeal with the Central Administrative Appeals Commission on April 2, 2015, but the said claim was dismissed on June 9, 2015.
[Reasons for Recognition] Facts without dispute, entry of Eul Nos. 1, 2, and 7 (including virtual numbers), the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The plaintiff's assertion that the plaintiff completed the duty of substitute driving at the time of the instant case, and the plaintiff's fee and night-style food are so divorced with his wife and they live together with the plaintiff, and the plaintiff was forced to drink and drive a drinking, and the plaintiff was not allowed to drink and drive a drinking, and the duty of substitute driving is very economically difficult as a means of living favorable to the plaintiff. In full view of the above, the instant disposition of this case is too harsh and it is illegal to abuse discretion.
B. It is as stated in the attached Form of the relevant statutes.
C. In light of the fact that the revocation of a driver's license on the ground of drinking, such as drinking driving, etc. is an administrative agency's discretionary act, today's mass means of transportation and accordingly, the increase in traffic accidents caused by drinking driving and the result of the increase in the driver's license, etc., the necessity for public interest in preventing traffic accidents caused by drinking driving is very large. Thus, the revocation of a driver's license on the ground of drinking driving is different from the revocation of the ordinary beneficial administrative act.