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 July 29, 2019, the Plaintiff, while under the influence of alcohol at 0.170% of blood alcohol level on July 23:13, 2019, driven the B-learning passenger car owned by the Plaintiff, and 20km from D Company located in Mapo-gu Seoul Mapo-gu C to F-middle School E located in Sungnam-si E.
B. On August 13, 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. 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 October 15, 2019.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3, Eul evidence 1 to 14, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The gist of the plaintiff's assertion does not cause any personal or material damage due to the plaintiff's drinking driving, the plaintiff did not cause a traffic accident for about 16 years since the plaintiff acquired the plaintiff's driver's license, or did not have any history of driving under the influence of alcohol for about 16 years, and the plaintiff is expected not to drive under the influence of alcohol again. The plaintiff is in office at the construction and management facility team for at least 10 years, and there is a need for mobility because the site in charge is located across the country. Therefore, if the license is revoked, it is difficult to perform its duties, and the plaintiff must support his spouse and two children and shall also repay his liability, so the disposition in this case is revoked because it is too harsh to the plaintiff, thereby abusing the discretionary power.
B. The issue of whether a punitive administrative disposition deviatess from or abused the scope of discretion by social norms is determined, the content of the offense as the grounds for the disposition, and the public interest to be achieved by the relevant disposition, and all relevant issues.