자동차운전면허취소처분취소
The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
1. Details of the disposition;
A. On August 9, 2020, the Plaintiff driven C vehicle while under the influence of alcohol level of 0.095% in front of the blood, around 21:55 on August 9, 2020.
B. On September 4, 2020, the Defendant issued a disposition to revoke the driver’s license stated in the purport of the claim pursuant to Article 93(1)1 of the Road Traffic Act (hereinafter “instant disposition”) against the Plaintiff on the ground that the Defendant driven under the influence of alcohol 0.095% during blood transfusion.
(c)
On September 24, 2020, the Plaintiff filed an administrative appeal with the Central Administrative Trial Committee regarding the instant disposition, but the said claim was dismissed on October 27, 2020.
[Ground for recognition] Unsatisfy, Gap evidence Nos. 1 and 2, Eul evidence Nos. 1-1, 1-2, and 3-3, the purport of the whole pleadings
2. Determination
A. In light of the fact that only a 300-meter distance was moved in the main state of the Plaintiff’s assertion, the development of the program, and the implementation of the network work project, the driver’s license is required on the business trip for the implementation of the program, the maintenance of livelihood and family support is difficult if the license is revoked, and the driving of drinking is seriously against the driving of drinking, etc., the instant disposition is unlawful by abusing its discretion.
B. In light of the fact that a motor vehicle is a mass means of transportation and accordingly, the need to strictly observe the traffic laws and regulations is greater as the traffic situation is congested on the day of traffic, and the traffic accidents caused by drinking are frequent and the result of the frequent traffic accidents caused by drinking are harsh, so it is necessary to strictly regulate the driving of drinking to protect the majority of drivers and pedestrians, the need for public interest in preventing traffic accidents caused by drinking, and the revocation of a driver's license is more serious than the disadvantage of the party who will be suffered by the revocation, unlike the cancellation of the ordinary beneficial administrative act.