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 5, 2017, at around 23:29, the Plaintiff driven C Sti-type vehicle under the influence of alcohol concentration of 0.149% at the front of Gwangjin-gu Seoul Special Metropolitan City (hereinafter “instant drinking”).
B. On June 15, 2017, the Defendant rendered a disposition to revoke the Plaintiff’s driver’s license (Class I ordinary) on the ground of the instant drunk driving (hereinafter “instant disposition”).
C. The Plaintiff dissatisfied with the instant disposition and filed an administrative appeal with the Central Administrative Appeals Commission on July 11, 2017, but was dismissed on August 31, 2017.
【Ground of recognition】 The fact that there has been no dispute, Gap's 1, 2, Eul's 4 through 7, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The plaintiff's assertion that ① on the day of crackdowning on the day when the plaintiff returned home to his school, the plaintiff considered that the drinking time was certain to a certain extent, ② the driving of the drinking in this case did not cause personal or material injury, ③ the driver's operation of the vehicle is essential for the plaintiff's occupation (construction site). Thus, the disposition in this case is expected to cause the plaintiff's living difficult for the plaintiff and his family when the disposition in this case is finalized (the plaintiff's age is the elderly, and the spouse's family has no other economic ability due to his illness). In light of the above, the disposition in this case exceeded the scope of discretion or abused discretionary power.
B. Determination 1 as to whether an administrative disposition exceeds the scope of discretion under the social norms or abused discretion ought to be determined by comparing and balancing the degree of infringement on public interest and the disadvantages suffered by an individual due to such disposition by objectively examining the content of the offense committed as the ground for disposition, the public interest to be achieved by the relevant disposition, and all relevant circumstances.
In such cases, sanctions shall be imposed.