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 22, 2019, at around 00:28, the Plaintiff driven the B-learning passenger car under the influence of alcohol of 0.184%, and the Plaintiff driven 800 meters at the front of the D store located in Suwon-si C from the Suwon-si transferdong at Suwon-si.
B. On December 12, 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. 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 1, 2, 3, Eul evidence 1 to 11, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The summary of the Plaintiff’s assertion is relatively short of the distance from driving a motor vehicle due to the Plaintiff’s drunk driving, the Plaintiff’s acquisition of the driver’s license that caused a traffic accident for about 12 years or has no record of driving under the influence of alcohol for about 12 years, the Plaintiff is going against and is going not to drive under the influence of alcohol again, and the Plaintiff is in the position where the driver’s license is revoked due to the need of the same mobility for his occupation and for commuting to and from work, and the Plaintiff is in the position where the driver’s license is revoked due to the need of the same mobility for his occupation and work, and the Plaintiff’s repayment of the obligation and the health is not good, and thus, the instant disposition should be revoked.
B. Whether a punitive administrative disposition deviatess from or abused the scope of discretion by social norms, or whether it constitutes an abuse of discretionary authority shall objectively deliberate on the content of the offense as the grounds for the disposition, the public interest to be achieved by the relevant disposition, and all the circumstances complying with the disposition, and thereby infringe the public