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 November 29, 2019, at around 03:34, the Plaintiff was under the influence of alcohol of 0.048%, and was driving 1 km from the front day of Gangnam-gu Seoul to the next day of the hospital distance of 570 on the same issue, while making a left-hand turn in violation of the signals from the above vehicle’s death distance, the Plaintiff sustained an injury necessary for two weeks, respectively, to the driver of the damaged vehicle and his/her passengers for two weeks.
B. On December 24, 2019, the Defendant issued a disposition revoking Class I ordinary and Class II ordinary drivers’ licenses against the Plaintiff (hereinafter “instant disposition”) on the ground that the Plaintiff had injured the Plaintiff due to a traffic accident while driving a drunk.
C. The Plaintiff filed an administrative appeal against the instant disposition, but the Central Administrative Appeals Commission dismissed the Plaintiff’s request for administrative appeal on February 21, 2020.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, Eul evidence Nos. 1 to 13, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. Taking into account the following, the key point of the Plaintiff’s assertion is relatively short the distance from the Plaintiff’s driving of drinking alcohol, the Plaintiff’s acquisition of the driver’s license has caused a traffic accident for about 20 years, has no record of driving under the influence of alcohol, has no record of driving under the influence of alcohol, and the Plaintiff is currently going against and is currently seeking not to drive under the influence of alcohol again, and the Plaintiff’s closing of his household store and is currently seeking a new job, and the revocation of the driver’s license is obvious that it would make it difficult to seek a new job due to the Plaintiff’s revocation of the license, the instant disposition should be revoked
B. Whether a punitive administrative disposition deviates from or abused the scope of discretion by social norms, the determination shall be objectively deliberated on the content of the offense as the grounds for the disposition, the public interest to be achieved by the relevant disposition, and all other relevant circumstances.