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 May 11, 2019, the Plaintiff, at a point 22.5 km in the direction of the development of the 2nd Lin Highway at the 22.5km from the 19:17 Ginde-si, the Plaintiff driven B B B-be cruise car driving (hereinafter “instant drinking driving”).
B. On July 13, 2019, the Defendant rendered a disposition to revoke the Plaintiff’s driver’s license (Class 1 common) 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 August 27, 2019, but was dismissed on October 1, 2019.
【Ground of recognition】 The fact that there is no dispute, Gap's 1, 2, Eul's 7 through 11, and the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff asserted that he actively cooperated in the investigation of drunk driving after the instant drunk driving; the Plaintiff’s vehicle operation is essential for visiting the construction site workers at the construction site; the Plaintiff experienced economic difficulties and there are family members to support, taking into account all circumstances into account, the instant disposition is beyond 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 such cases, 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 thus, it is not effective externally to guarantee citizens or courts, and the legality of the disposition concerned is only the disposition criteria.