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 February 11, 2016, the Defendant is driving B vehicles under the influence of alcohol by the Plaintiff on January 29, 2016, at around 19:30, the Plaintiff, while under the influence of alcohol by 0.141% on the front of the Daegu Seo-gu Busan High-ro 2-ro, 10,000.
On March 13, 2016, the plaintiff's driver's license was revoked as of March 13, 2016.
B. The Plaintiff dissatisfied with the instant disposition and filed an administrative appeal on February 24, 2016.
【Facts without dispute over the grounds for recognition, Gap evidence 1, Eul evidence 1, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. In light of the fact that the Plaintiff’s assertion is a driver of the Plaintiff’s vehicle and the revocation of the driver’s license is difficult to maintain livelihood, etc., the instant disposition is illegal as it deviates from and abused discretion.
B. (1) Comprehensively taking into account the following circumstances acknowledged by comprehensively taking into account the aforementioned evidence and the statement in Section B’s evidence No. 11 and the purport of the entire pleadings, the public interest is more likely to be achieved than the disadvantage that the Plaintiff would suffer, even if considering the degree of disadvantage that the Plaintiff would suffer and other various circumstances asserted by the Plaintiff, to the disposition in this case.
(1) Article 91 (1) [Attachment Table 28] of the Enforcement Rules of the Road Traffic Act
2. Individual criteria for revocation stipulate that driver's license shall be revoked when a person drives a vehicle in a drunken state (not less than 0.1 percent of alcohol level in blood). The instant disposition conforms to the above criteria.
② The need to strictly observe traffic regulations is increasing due to the rapid increase of automobiles and the congestion of traffic conditions caused by the large issuance of car driving licenses. In particular, it is necessary for public interest to prevent traffic accidents caused by drunk driving because of frequent traffic accidents and severe consequences.