자동차운전면허정지처분취소
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 2, 1996, the Plaintiff acquired a Class 1 ordinary driver’s license (B) on July 2, 1996, and on February 1, 2016, around 22:10, the Plaintiff was under the influence of alcohol of 0.106% in blood alcohol level, and controlled the volume of the clur vehicle by approximately 250 meters in the direction of D in the atomic-gu Seoul Special Metropolitan City.
B. Accordingly, on February 12, 2016, the Defendant rendered the instant disposition revoking the Plaintiff’s above driver’s license pursuant to Article 93(1)1 of the Road Traffic Act on the ground that the Plaintiff was driving under influence of alcohol as above.
C. The Plaintiff filed an administrative appeal on March 22, 2016, but was dismissed on May 10, 2016.
[Grounds for recognition] The entry of No. 4 and the purport of the whole pleading
2. Whether the disposition is lawful;
A. The Plaintiff’s blood alcohol level is relatively minor as 0.106%, and the Plaintiff’s blood alcohol level is merely a simple driving, not causing traffic accidents at the time of driving for about 32 years. The Plaintiff, while driving for about 32 years, was an exemplary driving without traffic offense or drinking except for the power of drinking driving once in 2005, and the Plaintiff’s business characteristics are essential such as closing down upon the cancellation of the driver’s license due to the Plaintiff’s cancellation, leading the Plaintiff to the bankruptcy crisis, leading his family’s livelihood difficult. In light of the above, the instant disposition constitutes a case where the Plaintiff excessively harshs the Plaintiff and abused its discretion.
B. In today’s rise of the number of vehicles today, and the number of driver’s licenses are issued in large volume, so the need to strictly observe traffic regulations is increasing as traffic conditions are congested, and in particular, traffic accidents caused by drunk driving are frequently frequent and the results are harsh, so it is very important for public interest to prevent traffic accidents caused by drunk driving. Therefore, revocation of driver’s licenses on the grounds of drunk driving is different from revocation of ordinary beneficial administrative acts.