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 December 18, 2019, the Plaintiff, while driving a B vehicle under the influence of alcohol 0.082% at around 23:12, 201, caused a traffic accident that causes personal damage to one ordinary person while driving the vehicle.
B. Accordingly, on January 14, 2020, the Defendant rendered a decision to revoke the driver's license (class 1 ordinary) against the Plaintiff.
(hereinafter “instant disposition”). C.
A claim for administrative appeal filed by the Plaintiff against the instant disposition was dismissed on April 28, 2020.
[Ground of recognition] Facts without dispute, Gap evidence 1 to 6, Eul evidence 1 to 8, the purport of the whole pleadings
2. Whether the disposition is lawful;
A. Considering the fact that the Plaintiff’s alleged driving distance is relatively short of 4.5km, that it has been engaged in exemplary driving without traffic accidents or force of drunk driving for 19 years since the acquisition of the driver’s license, the confession, etc., and that the driver’s license of the company in charge of the business is absolutely necessary, and that the Plaintiff’s maintenance of livelihood, support to the parents, and debt redemption is difficult upon the revocation of the driver’s license, the instant disposition is unlawful by abusing and abusing the discretion.
B. 1) Determination of whether a punitive administrative disposition deviatess from or abused the scope of discretion under the social norms should be made by comparing and balancing the degree of infringement on public interest and the disadvantages suffered by an individual’s disposition by objectively examining the content of the violation, which is the reason for the disposition, the public interest achieved by the disposition in question, and all the relevant circumstances (see, e.g., Supreme Court Decision 98Du11779, Apr. 7, 2000). In cases where the disposition standards are prescribed by Presidential Decree or Ordinance of the Ministry, the disposition standards per se are not in conformity with the Constitution or laws, or are in line with the provisions of the relevant laws and regulations.