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 29, 2019, at around 23:55, the Plaintiff driven a B-car level under the influence of alcohol with 0.151% of alcohol level, from D elementary school located in Ansan-gu, Gyeonggi-si, to the front road of the Yandong-gu, Gyeonggi-si, Gyeonggi-si.
B. On October 22, 2019, the Defendant issued a disposition revoking the Class II 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. On November 7, 2019, the Plaintiff filed an administrative appeal against the instant disposition. However, the Central Administrative Appeals Commission dismissed the Plaintiff’s request for administrative appeal on January 14, 2020.
[Ground of recognition] Facts without dispute, Gap evidence 1, 4, Eul evidence 1 to 12, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. In light of the purport of the Plaintiff’s assertion that no personal or material damage has occurred due to the Plaintiff’s drinking driving, the distance of the vehicle is relatively short of 2 km, the use of ordinary driving, active cooperation with respect to the detection, and the Plaintiff’s duty is essential due to the characteristics of the Plaintiff’s work, and the Plaintiff’s support for two spouse and two children, the instant disposition should be revoked because it is too harsh to the Plaintiff and constitutes an abuse of discretionary power.
B. Determination 1 whether a punitive administrative disposition deviatess from or abused the scope of discretion by social norms or not shall be determined by comparing and balancing the degree of infringement on public interest and the disadvantages suffered by an individual due to the disposition, by objectively examining the content of the act of violation as the ground for the disposition, the public interest to be achieved by the act of disposal, and all relevant circumstances. In this case, the criteria for the punitive administrative disposition shall be