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 June 26, 2019, while under the influence of alcohol at 07:00%, the Plaintiff driven BMW 520d passenger cars in the BMW and 1 km from the roads near the mutual insular gate in Kimpo-si, Kimpo-si to the same 6906 old Tropo-si, while towing the damaged vehicle behind the signal-based driver and his/her passengers for approximately two weeks of treatment respectively.
B. On September 10, 2019, the Defendant issued a disposition revoking Class I ordinary and Class II ordinary drivers’ licenses against the Plaintiff (hereinafter “instant disposition”) on September 10, 2019, on the ground that the Plaintiff had injured the Plaintiff due to traffic accidents.
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 November 5, 2019.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 through 15, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The gist of the Plaintiff’s assertion is relatively short of the distance from which the Plaintiff driven a drinking alcohol, the Plaintiff’s acquisition of a driver’s license has caused a traffic accident for about six years, has no record of driving under drinking, has no record of driving under the influence of alcohol, and the Plaintiff is currently against and is not driving under the influence of alcohol again, and the Plaintiff is a university student majored in the automobile engineering and wishes not to work in the automobile maintenance business field in the future, but there is considerable difficulty in employment without a driver’s license. In light of the above, the instant disposition should be revoked since it is too harsh to the Plaintiff, thereby abusing or abusing the discretion.
B. Whether a punitive administrative disposition deviatess from or abused the scope of discretion by social norms, the substance of the offense as the ground for the disposition, the public interest to be achieved by the pertinent disposition, and all the circumstances pertaining thereto.