자동차운전면허취소처분 취소
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 December 11, 1985, the Plaintiff acquired Class 1 ordinary driving licenses, Class 1 large driving licenses on July 23, 1990, and Class 1 special driving licenses on October 14, 1994, respectively.
B. On April 13, 2015, the Defendant issued a revocation disposition on the Plaintiff, and on March 18, 2015, on the ground that the Plaintiff driven a DNA low-speed motor vehicle under the influence of alcohol concentration of 0.126% on the street in front of the C District located in Chungcheongnam-gu, Chungcheongnam-gu (hereinafter “instant disposition”), around March 18, 2015, on the ground that the Plaintiff driven a DNA low-speed motor vehicle under the influence of alcohol concentration of 0.126%.
C. Accordingly, the Plaintiff filed an administrative appeal with the Central Administrative Appeals Commission on April 24, 2015, but the said claim was dismissed on June 16, 2015.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 to 7, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion is unlawful in light of the following: (a) the Plaintiff driven a vehicle in a separate place where the Plaintiff gets a house near the C District and live together; (b) the Plaintiff maintained his livelihood by driving a concrete mixed truck; (c) the instant disposition is anticipated to sell a concrete mixed truck; (d) if the instant disposition is revoked, the Plaintiff purchased a concrete mixed truck again and continues to engage in the same driving duty as the transfer; and (e) the Plaintiff bears a large amount of liability, etc.; and (c) the instant disposition is deemed to be an abuse of discretionary power.
(b) as shown 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, a large number of motor vehicles are issued, and the trend and result of the increase of traffic accidents caused by drinking driving, etc., it shall be prevented from traffic accidents caused by drinking driving.